TexasCHLforum.com

philip964 wrote:When my son was 14 our house was "forked".

Much better than being tp'd

texanjoker wrote:

Keith B wrote: But it would have to be justified in 9.42 first, and criminal mischief is gonna be a far stretch to show justification for deadly force.

One cannot shoot a teen for TP a house. There is no damage being caused. This would be a case IF ever charged of criminal trespass. In reality the kids would be told to clean it up and receive a lecture. The leo's made the correct decision to arrest this suspect.

texanjoker wrote:

Jaguar wrote:

An Estill Springs man is out on $125,00 bond after police say he fired a shotgun at teens who were toilet papering their principal's yard.

The guy that did the shooting wasn't even the toilet papering teen's target, he lived "a couple of houses over." Does this qualify as "criminal mischief during the night time"? Yes, this is Tennessee and not Texas, but just wondering out loud.

http://www.breitbart.com/InstaBlog/2013 ... al-s-House" onclick="window.open(this.href);return false;

IMO NO. There is no ethical or moral justification for shooting a teenager that is toilet papering your house. On top of that this was not even the suspects house so he wouldn't be defending "his" property. On top of that what damage is caused by toilet paper? Trespassing would be a more appropriate charge.

Sec. 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection of the land or property;
(B) he has a legal duty to protect the third person's land or property; or
(C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.

Jaguar wrote:

An Estill Springs man is out on $125,00 bond after police say he fired a shotgun at teens who were toilet papering their principal's yard.

The guy that did the shooting wasn't even the toilet papering teen's target, he lived "a couple of houses over." Does this qualify as "criminal mischief during the night time"? Yes, this is Tennessee and not Texas, but just wondering out loud.

http://www.breitbart.com/InstaBlog/2013 ... al-s-House" onclick="window.open(this.href);return false;

3) he reasonably believes that:(A) the land or property cannot be protected or recovered by any other means;