thenick_ttu wrote:Crossfire wrote:PC §9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is 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:
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(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
but subpart (3)(A) says that the person must reasonably believe that the property cannot be protected or recovered by any other means. A 12 pack of beer can easily be recovered/replaced (you can get a 12-pack at any grocery store). During my CHL class, the instructor suggested that if it is a common item, then deadly force would not be justified. If it was something such as a family heirloom then you could use deadly force because that cannot be easily replaced. Am I missing something here or was I mis-informed during my CHL class?
Couple of points:
As the history of this thief has shown, the beer he has taken has not been recovered, but replaced. As replacement involves an exchange of value; an additional expense (loss) is incurred.
This thief has robbed this store previously and his record supports the reasonable assumption that he will continue to steal ("property cannot be protected"), and that the beer will not be recovered.