§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person isVenus Pax wrote:This has always been a major issue for me. Dog fighting rings are common, and I've read that dog fighters train their dogs on smaller dogs and puppies. (I'm watchful of Baxter, as he's a little guy with a big mouth.)
If I were to catch anyone taking him, my fear would be that he could be used for training dogs. I love him too much to allow that.
Charles, correct me if I'm wrong: My understanding is that DF is justifiable if the property cannot be recovered. I'm thinking an individual pet cannot be recovered.
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.