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by oljames3
Wed Jun 03, 2020 1:40 am
Forum: Off-Topic
Topic: Dallas June 2 - planned protest update
Replies: 23
Views: 8384

Re: Dallas June 2 - planned protest update

E10 wrote: Tue Jun 02, 2020 11:47 pm
RoyGBiv wrote: Tue Jun 02, 2020 4:30 pm
Ruark wrote: Tue Jun 02, 2020 3:27 pm If somebody is outside your house throwing bricks through your windows, is that a legal justification for using deadly force?
Daytime or nighttime?
First, IANAL, and this is certainly not legal advice. I would not recommend it, but the penal code says deadly force is justified...

'to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime'

I suppose throwing bricks would qualify, but you can't shoot after they've thrown the brick (or Molotov cocktail, too, which could be arson) and are running away. I would think you gotta catch them after the forward motion has begun (remember the "Tuck Rule" in the NFL?).
Yes, Texas Penal Code 9.42.(2)(A) mentions "criminal mischief during the nighttime." But that is Texas and only Texas. No other state provides for the use of deadly force in defense of mere property. Highly defensible property, perhaps, but not mere property. https://statutes.capitol.texas.gov/SOTW ... m/PE.9.htm

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