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because criminal mischief during the night time brings to mind kids TP'ing homes, shoe polishing cars, "forking yards"......all sorts of funny, innocent things that you would never associate as being under the umbrella of a crime where deadly force is an option to defend against.

If someone was outside your home beating your car to death with a bat IS shooting them the only way to stop it? Is it reasonable to do so?? Is it more reasonable if it were a Ferrari rather than a Honda? Would a jury see reasonable as shooting someone to save a car, or would calling calling 911 have been more prudent? Auto damage is what insurance is for.

is it reasonable to shoot a kid for rolling your house....NO. What if the kid is about to light the paper on fire?? If they light it (or attempt to) is it at that point criminal mischief...or an arson charge?

There are endless viewpoints and situations as to what may be reasonable and what may not be, what may be imminent danger and what may not, what may be the only means available to prevent and what other options exist......

just throwing stuff out to keep the discussion going

agreed with all about the requirements that must be met...but WHAT on earth kind of Criminal Mischief would meet those requirements???...lol

Some of the other crimes that are listed "could" at times perhaps meet them...but Criminal Mischief...REALLLLLY????

this is the part that always raised my brow :

§ 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.


so....basically, if someone was toilet papering your home........????????