TexasCHLforum.com

A-R wrote:

Jumping Frog wrote:

rev210 wrote:. . . Saturday afternoon . . .

Let's hope they don't get charged for using deadly force in protection of property since it was apparently not "theft during the nighttime".

Stealing property out of someone's vehicle is not "theft" - it's burglary.

Sec. 30.04.  BURGLARY OF VEHICLES. (a) A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.
(b)  For purposes of this section, "enter" means to intrude:
(1)  any part of the body; or
(2)  any physical object connected with the body.
(c)  For purposes of this section, a container or trailer carried on a rail car is a part of the rail car.
(d)  An offense under this section is a Class A misdemeanor, except that:
(1)  the offense is a Class A misdemeanor with a  minimum term of confinement of six months if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section; and
(2)  the offense is a state jail felony if:
(A)  it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this section; or
(B)  the vehicle or part of the vehicle broken into or entered is a rail car.

Question is whether "burglary of vehicle" is same as "burglary" for purposes of PC 9.42 justification. And seems the police believe it is.

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.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.