Resurrecting a dead post...
This is how I teach it to my students, so let me know what you think. You have to first define what you are talking about. Burglary is stealing from inside your home. It is a greater offense than theft, so its considered burglary. Example: If I have a potted (not pot!) plant on my porch and someone steals it, that's theft. If that same potted plant is inside my house and its stolen, that's burglary. If I'm walking down the street carrying my potted plant and someone says (without a weapon) give me your potted plant in a threatening manner, that's robbery. If he has a weapon or causes me bodily injury, then its aggravated robbery. So now that we have defined what we are talking about we can discuss it. If someone is in your home, a REASONABLE person would construe that as burglary or some other felony and you would be legal to shoot that person. If they are in your vehicle parked in the driveway and you are inside your house and hear the dog barking, that is burglary...not covered because that falls under burglary of a vehicle. If that same person is stealing the entire vehicle, that's theft and would only be covered if it occurred at night. So if its at night and they are stealing your entire vehicle, you would be legal to shoot and that is the only time.
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- by Munson
- Fri Mar 22, 2013 10:31 pm
- Forum: General Texas CHL Discussion
- Topic: Can You Shoot to Protect Property in TEXAS
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