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<blockquote data-quote="Caustic Burno" data-source="post: 1261717" data-attributes="member: 694"><p>There was no stolen property. That process had been interrupted.</p><p>It was daylight with the perp withdrawing/retreating the scene.</p><p>You do have the right to protect your property and life with deadly force.</p><p>You do not have the right to use deadly force against a trespasser in Texas as GB stated.</p><p></p><p>This was the key in Joe Horns defense as well.</p><p>The keyword is night time.</p><p></p><p>Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY.</p><p>A person is justified in using deadly force against another to protect land or tangible, movable property:</p><p></p><p>(1) if he would be justified in using force against the other under Section 9.41; and</p><p></p><p>(2) when and to the degree he reasonably believes the deadly force is immediately necessary:</p><p></p><p>(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</p><p></p><p>(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</p><p></p><p>(3) he reasonably believes that:</p><p></p><p>(A) the land or property cannot be protected or recovered by any other means; or</p><p></p><p>(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.</p></blockquote><p></p>
[QUOTE="Caustic Burno, post: 1261717, member: 694"] There was no stolen property. That process had been interrupted. It was daylight with the perp withdrawing/retreating the scene. You do have the right to protect your property and life with deadly force. You do not have the right to use deadly force against a trespasser in Texas as GB stated. This was the key in Joe Horns defense as well. The keyword is night time. 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. [/QUOTE]
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