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Old July 30, 2009, 11:45 PM   #63
JohnKSa
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Join Date: February 12, 2001
Location: DFW Area
Posts: 24,990
Quote:
Doesn't seem all that complicated to me.
You left out the first part of it. The deadly force section starts out with:

...if he would be justified in using force against the other under Section 9.41... You can't start with 9.42, you have to start with 9.41 and build on it.

Finally, do NOT forget about 9.42(3) which basically says you can't use deadly force unless it's the only way to recover/protect your property that doesn't expose you to the threat of serious injury or death. For example, if you could get the license plate number of the thief then you could call the police and you would reasonably believe that you would get your property back. Or if the property is insured you can recover it by other means than deadly force.

Also, burglary, robbery and aggravated robbery are not, strictly speaking, simply property crimes. They all involve either violence or significant threat to the defender in and of themselves.

What it comes down to in TX is that:

1. You can prevent arson with deadly force. That's largely because arson is considered a dangerous crime. Even if the original fire doesn't involve an immediate threat to life, fires have a way of spreading and even if they don't they can easily result in deaths or serious injuries before they're put out.

2. You can use deadly force to prevent criminal mischief at night and theft at night if:
  • You are in lawful posession of the property in question AND
  • You reasonably believe that only force will prevent the damage or loss of the property AND
  • You reasonably believe that immediate action is necessary to prevent the damage or loss of property AND
  • The force is used immediately or in "fresh pursuit" AND
  • You reasonably believe the person taking the property has no claim of right (no shooting the repo man) or you know the person took it by force, threat or fraud AND
  • You reasonably believe that deadly force is immediately necessary to prevent the crime or recover the property AND
  • You reasonably believe that there is no other way to prevent the crime or recover the property or that any other method would carry with it the risk of serious injury or death.

That is not nearly as simple as saying that "you are within your rights to shoot anybody stealing from you on your property", nor does it cover "most property crimes".
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