TexasCHLforum.com

03Lightningrocks wrote: ↑Sat Nov 27, 2021 1:32 am

Mike S wrote: ↑Fri Nov 26, 2021 10:19 pm Oljames' interpretation is correct. Deadly force is absolutely NOT justified for mere trespassing.

When reading the penal code, AND's & OR's are important clauses. "And" requires both elements be present (if multiple elements are listed with "and" between them, then all the listed elements must be satisfied).

"Or" means one of the listed elements must be satisfied.

Under Texas law (TPC 9.41 / 9.42) deadly force is NOT justified for trespass. Force IS justified to prevent or stop a trespass (9.41), but only reasonable 'force' that is immediately necessary.

Unfortunately, the TPC doesn't define "Force". Therefore, the commonly understood meaning of 'force' is used.

These definitions of force are from Black's Law Dictionary:

force,n. Power, violence, or pressure directed against a person or thing.

force,vb. To compel by physical means or by legal requirement

reasonable force. Force that is not excessive and that is appropriate for protecting oneself or one's property.

unreasonable force Unreasonable or unnecessary force under the circumstances.

-----------------
And, it's the jury selected for your trial that will be the arbiters of whether it was reasonable under the circumstances.

It is a good thing that trespassing alone is not a legal reason for deadly force. There might be dead hunters all over the woods after crossing the wrong fence line while chasing a wounded deer. Haha