TexasCHLforum.com

SA_Steve wrote:"recovered by any other means"

would insurance meet the definition of any-other-means ?

ScottDLS wrote:Naw...the murder's already done, but if you shoot the fleeing horse thief, you might actually get your property back. That will help you, but shooting the murderer won't do the dead guy any good.

casp625 wrote:

WildBill wrote:

newlife12176 wrote:I have always thought that a criminal breaking into a vehicle to commit theft was a felony. It's obviously burglary, but listed as burglary of a vehicle in chapter 30 of Texas Penal Code. The charge is only a class A misdemeanor. Burglary of a habitation is a felony and deadly force can be used to prevent the imminent commission of that.

I am not advocating using deadly force to stop burglary of a vehicle, but does anyone know why burglary of a habitation is a felony and burglary of a vehicle is only a misdemeanor?

Furthermore, why can you use deadly force for one and not the other? I really think they need to specify the differences in Sec 9.42 when they list burglary as something deadly force can be used to stop. I have always thought that was an option if someone was breaking into my car. That might confuse some folks. And I am fairly well versed in handgun laws and deadly force. However, I have never looked up burglary of a vehicle vs habitation. Glad I did!

I believe it has its roots in common law.
I can think of two explanations
1 - The home is their castle. A vehicle doesn't have the same standing.
2 - A habitation is more likely to have people in it and the potential for harm is much greater.

In regards to what I bolded above, the law does, however, allow for deadly force if the vehicle is occupied. Unoccupied vehicles, I believe, are then treated as, more or less, regular property.

Sec. 30.01. DEFINITIONS. In this chapter:
(1) "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes:
(A) each separately secured or occupied portion of the structure or vehicle; and
(B) each structure appurtenant to or connected with the structure or vehicle.
(2) "Building" means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.
(3) "Vehicle" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of
commerce or transportation, except such devices as are classified as "habitation."

newlife12176 wrote:I have always thought that a criminal breaking into a vehicle to commit theft was a felony. It's obviously burglary, but listed as burglary of a vehicle in chapter 30 of Texas Penal Code. The charge is only a class A misdemeanor. Burglary of a habitation is a felony and deadly force can be used to prevent the imminent commission of that.

I am not advocating using deadly force to stop burglary of a vehicle, but does anyone know why burglary of a habitation is a felony and burglary of a vehicle is only a misdemeanor?

Furthermore, why can you use deadly force for one and not the other? I really think they need to specify the differences in Sec 9.42 when they list burglary as something deadly force can be used to stop. I have always thought that was an option if someone was breaking into my car. That might confuse some folks. And I am fairly well versed in handgun laws and deadly force. However, I have never looked up burglary of a vehicle vs habitation. Glad I did!