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The castle doctrine and ranches
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<blockquote data-quote="Ruark" data-source="post: 882522" data-attributes="member: 16279"><p>The way the Texas Penal Code reads, you can not use deadly force (or, I assume, threaten with deadly force), if the individual isn't committing, or imminently committing, arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime. If you read it differently, please clarify.</p><p></p><p>If that's the case, there's nothing you can do in the case of a trespasser just roaming around your property, besides following him and calling for an LEO. </p><p>-----------------------------------------</p><p></p><p>PC §9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is</p><p>justified in using deadly force against another to protect land or tangible,</p><p>movable property:</p><p>(1) if he would be justified in using force against the other under</p><p>Section 9.41; <strong><u>and</u></strong></p><p>(2) when and to the degree he reasonably believes the deadly</p><p>force is immediately necessary:</p><p>(A) to <strong><u>prevent the other's imminent commission of arson, burglary,</u></strong></p><p><strong><u>robbery, aggravated robbery, theft during the nighttime, or criminal</u></strong></p><p><strong><u>mischief during the nighttime</u></strong>; or</p><p>(B) to prevent the other who is fleeing immediately after committing</p><p>burglary, robbery, aggravated robbery, or theft during the nighttime</p><p>from escaping with the property; <strong><u>and</u></strong></p><p>(3) he reasonably believes that:</p><p>(A) the land or property cannot be protected or recovered by</p><p>any other means; or</p><p>(B) the use of force other than deadly force to protect or recover</p><p>the land or property would expose the actor or another to a substantial</p><p>risk of death or serious bodily injury.</p></blockquote><p></p>
[QUOTE="Ruark, post: 882522, member: 16279"] The way the Texas Penal Code reads, you can not use deadly force (or, I assume, threaten with deadly force), if the individual isn't committing, or imminently committing, arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime. If you read it differently, please clarify. If that's the case, there's nothing you can do in the case of a trespasser just roaming around your property, besides following him and calling for an LEO. ----------------------------------------- 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; [b][u]and[/u][/b] (2) when and to the degree he reasonably believes the deadly force is immediately necessary: (A) to [b][u]prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime[/u][/b]; 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; [b][u]and[/u][/b] (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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