cb1000rider wrote:jnichols2 wrote:
Someone might remind me the Yorkie is legally considered "property" and I can't use force to protect her.
The policeman I talked to about the report reminded me that if I shot the dog, he was attacking ME, not the Yorkie.
As I understand it:
You can use force to protect your property in Texas. I think you implied in your prior post that you can't do this because it's not covered under the castle doctrine. I don't know of any limitation indicating that force is allowed to protect property only at home.
In the case you mention, you're not using deadly force. You can't use deadly force against "property" - the Pit Bull. You could be charged with a number of other things, however, and there is probably a bit of cover-your-butt implied by the LEO who suggested that you were the one being attacked.
Someone correct me if I've got it wrong.
§ 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in
lawful possession of land or tangible, movable property is
justified in using force against another when and to the degree the
actor reasonably believes the force is immediately necessary to
prevent or terminate the other's trespass on the land or unlawful
interference with the property.
This little piece of Texas law is very appropriate for dealing with attacking dogs. I don't believe your average city LEO has ever heard of it. Since the Yorkie is a "domestic animal", the protecting property really doesn't apply.
Sec. 822.013. DOGS OR COYOTES THAT ATTACK ANIMALS. (a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by:
(1) any person witnessing the attack; or
(2) the attacked animal's owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack.
(b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote.
(c) A person who discovers on the person's property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote.
(d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowls shall control the dog or coyote in a manner approved by the local animal control authority.
(e) A person is not required to acquire a hunting license under Section 42.002, Parks and Wildlife Code, to kill a dog or coyote under this section.
http://www.statutes.legis.state.tx.us/D ... HS.822.htm" onclick="window.open(this.href);return false;