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Originally Posted by dalmations202
Texas Penal Code 9.42 - Deadly Force to Protect Property
A person is justified in using deadly force against another to protect land or tangible, movable property:
1. if he would be justified in using force against the other under Section 9.41; and
2. when and to the degree he reasonably believes the deadly force is immediately necessary:
A. to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
B. to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
3. he reasonably believes that:
A. the land or property cannot be protected or recovered by any other means; or
B. the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
From what I have read, he might have been able to convince a jury of the bolded above.
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this is one of the most MORONIC codes I have ever seen.
So by the law, if a 8 year old is running away from a store with a stolen apple, he can be legally shot in the back and killed as justifiable homicide to protect property.
please tell me i am missing something.