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by seamusTX
Thu Nov 30, 2006 12:38 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Homeowner shoots 2 in attempted in Clear Lake robbery
Replies: 27
Views: 3403

Right. My point was that there is no concept of "breaking in" in Texas law, AFAIK.

- Jim
by seamusTX
Thu Nov 30, 2006 12:15 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Homeowner shoots 2 in attempted in Clear Lake robbery
Replies: 27
Views: 3403

Paladin wrote:So that when they "broke" into the home, they did so with a key.
Just for the record, a charge of burglary does not require forcible entry:
§ 30.02. BURGLARY. (a) A person commits an offense if,
without the effective consent of the owner, the person:
(1) enters a habitation, or a building (or any portion
of a building) not then open to the public, with intent to commit a
felony, theft, or an assault;
It's not required that the burglar break in or actually take anything.

I guess in some states, forcible entry is worse than walking in through an open door.

- Jim

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