Application of the law

[Ameer]

Would stealing the catalytic converter fall under the new law increasing penalties for metal theft?

[TacShot]

On a practical level, I would guess a DA or Grand Jury might be more prone to accept your P.C.9.42 defense if you lived in an area were the was no rapid response law enforcement and we were talking about livestock, or a combine. But we are talking about a catalytic convertor! The smart guy is going to call 911 first and his auto insurance company next. The deductible on a catalytic convertor is much cheaper than paying legal fees and and less aggravating than building a questionable case for the defense.

[sjfcontrol]

Hmm, since burglary of a vehicle involves "entering" the vehicle, would cutting off the cat converter be considered to meet the definition? You're not "in" the vehicle, you're under it.

[bilgerat57]

Given the high cost of the catalytic converter, not to mention labor costs etc.... I wonder if this would rank as a felony theft or what. I don't remember how that is graded any more.

[Crossfire]

Would stealing the catalytic converter fall under the new law increasing penalties for metal theft?

I believe it would.

[Pawpaw]

Hmm, since burglary of a vehicle involves "entering" the vehicle, would cutting off the cat converter be considered to meet the definition? You're not "in" the vehicle, you're under it.

Taken from http://www.statutes.legis.state.tx.us/d ... /PE.30.htm as posted by RoyGBiv earlier:

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.

To me that means when his sawzall blade cuts into the exhaust pipe, he has legally "entered" the vehicle. IANAL

[punkndisorderly]

You have to weigh the costs versus the return. Yes, I think the guy deserves it. However, you would likely spend many more hours of your time than the part is worth answering questions, signing reports, etc . than the cost of your deductable. The shooting would also likely go to the grand jury, which means you would spend more on an attorney than the cost of your deductible. If it makes it past this, you'll be on the hook for more than the entire car is worth (and likely multiple times over).

The view of the DA and maybe judge and jury on several questions would decide if it was justified or not. I, for one, would prefer the call the cops and be a good witness route.

[Fibonacci]

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:

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by
any other means;

This section of law does not stand alone...you must refer also to PC §9.41 AND you MUST pay close attention to the "if's" and "and's" in PC §9.42.

This edit that includes only 3(A) is misleading and could be dangerous to rely on.

[tommyg]

Comprehensive insurance for a vehicle is cheap.
Getting lawyers and risking jail is serious
keep your insurance up to date
Let Allstate take care of the loss
they will buy you a new cat converter
and have it installed by a compitent garage

[Hoosier Daddy]

Life insurance is pretty cheap too.

[boba]

Life insurance is pretty cheap too.

[bilgerat57]

Life insurance is pretty cheap too.