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.htmE10 wrote: ↑Tue Jun 02, 2020 11:47 pmFirst, 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?).
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Return to “Dallas June 2 - planned protest update”
- Wed Jun 03, 2020 1:40 am
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- Topic: Dallas June 2 - planned protest update
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