TexasCHLforum.com

Keith B wrote:

UofHdevildog wrote:

Purplehood wrote:What exactly are you allowed to do if you catch some lowlife breaking into your vehicle?

go read your book, but in general you're allowed to use force to defend property. Then the next section states that if you can use force then you can use deadly force. Some people will say you can only shoot at nigh but they're wrong. Pretty much if I'd caught him in the act I couldve shot him, which I wouldve.

Please re-read your book. TPC §9.42 defines the allowable use of deadly force to protect property and does NOT say if you can use force, you can use deadly force anytime. Here is the statute and I have highlighted some important points:

PC §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.

UofHdevildog wrote:

Purplehood wrote:What exactly are you allowed to do if you catch some lowlife breaking into your vehicle?

go read your book, but in general you're allowed to use force to defend property. Then the next section states that if you can use force then you can use deadly force. Some people will say you can only shoot at nigh but they're wrong. Pretty much if I'd caught him in the act I couldve shot him, which I wouldve.