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Coffee Shop
Truck broken into
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<blockquote data-quote="Caustic Burno" data-source="post: 1082008" data-attributes="member: 694"><p>In Texas your vehicle comes under the same law as your habitation and deadly force can be used to defend it.</p><p> (5) "Vehicle" has the meaning assigned by Section</p><p> 30.01.</p><p> SECTION 2. Section 9.31, Penal Code, is amended by amending</p><p> Subsection (a) and adding Subsections (e) and (f) to read as</p><p> follows:</p><p> (a) Except as provided in Subsection (b), a person is</p><p> justified in using force against another when and to the degree the</p><p> actor [he] reasonably believes the force is immediately necessary</p><p> to protect the actor [himself] against the other's use or attempted</p><p> use of unlawful force. The actor's belief that the force was</p><p> immediately necessary as described by this subsection is presumed</p><p> to be reasonable if the actor:</p><p> (1) knew or had reason to believe that the person</p><p> against whom the force was used:</p><p> (A) unlawfully and with force entered, or was</p><p> attempting to enter unlawfully and with force, the actor's occupied</p><p> habitation, vehicle, or place of business or employment;</p><p> (B) unlawfully and with force removed, or was</p><p> attempting to remove unlawfully and with force, the actor from the</p><p> actor's habitation, vehicle, or place of business or employment; or</p><p> (C) was committing or attempting to commit</p><p> aggravated kidnapping, murder, sexual assault, aggravated sexual</p><p> assault, robbery, or aggravated robbery;</p><p> (2) did not provoke the person against whom the force</p><p> was used; and</p><p> (3) was not otherwise engaged in criminal activity,</p><p> other than a Class C misdemeanor that is a violation of a law or</p><p> ordinance regulating traffic at the time the force was used.</p><p> (e) A person who has a right to be present at the location</p><p> where the force is used, who has not provoked the person against</p><p> whom the force is used, and who is not engaged in criminal activity</p><p> at the time the force is used is not required to retreat before</p><p> using force as described by this section.</p><p> (f) For purposes of Subsection (a), in determining whether</p><p> an actor described by Subsection (e) reasonably believed that the</p><p> use of force was necessary, a finder of fact may not consider</p><p> whether the actor failed to retreat.</p></blockquote><p></p>
[QUOTE="Caustic Burno, post: 1082008, member: 694"] In Texas your vehicle comes under the same law as your habitation and deadly force can be used to defend it. (5) "Vehicle" has the meaning assigned by Section 30.01. SECTION 2. Section 9.31, Penal Code, is amended by amending Subsection (a) and adding Subsections (e) and (f) to read as follows: (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor [he] reasonably believes the force is immediately necessary to protect the actor [himself] against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor: (1) knew or had reason to believe that the person against whom the force was used: (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment; (B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or (C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery; (2) did not provoke the person against whom the force was used; and (3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used. (e) A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section. (f) For purposes of Subsection (a), in determining whether an actor described by Subsection (e) reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat. [/QUOTE]
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