Quote:
Originally Posted by csmsss
FYI...in Texas it is legally permissible to shoot a fleeing offender, even if he/she poses no threat to you. Specifically, you are permitted to shoot in order to stop a nighttime burglary. If you are able to demonstrate that the other party was engaged in nighttime burglary, you not be required to prove any of the threat elements in your defense.
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Here is Section 9.42 of the Texas Penal Code which contains the section you are referring to:
Sec.*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.
A couple of points, if it is burglary, then it doesn't matter what time of day it is. The restriction to night time only applies to criminal mischief and theft. Second, you can only shoot at some fleeing if you meet both 9.41 and 9.42.
I know of at least two store clerks and one CHL who were convicted of felonies when they shot a thief/burglar who was fleeing. The question of whether the property can be recovered by other means can get tricky.