07-01-2008, 04:06 PM
|
#78
|
Diamond Member
Join Date: Nov 2006
Location: Decapod 10
Posts: 4,149
|
Quote:
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.
|
I think the law regarding this is totally antiquated and should be reviewed and edited to adapt it to this century.
__________________
"Talk to the claw."
"They're getting 15, 16 assists some games. I dream about getting 15 assists. It's just not possible with the team I'm on." - Devin Harris about top-notch point guards and him playing with the Mavs
"For me, it’s like a kid in a candy store." - Jason Kidd on playing with the Mavs
|
|
|