Texas Penal Code 9.32 says:stroo wrote:Doesn't our castle doctrine already require "forcible entry" or something like that?
So, there are two issues. If your garage was standing wide open, then force would not be required to enter. Secondly, habitation is defined in 30.01The actor's belief under Subsection (a)(2) that the
deadly force was immediately necessary as described by that
subdivision is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person
against whom the deadly force was used:
(A) unlawfully and with force entered, or was
attempting to enter unlawfully and with force, the actor's occupied
habitation, vehicle, or place of business or employment;
So the garage would count as part of the habitation. Not 100% sure if 'appurtenant' in real estate law also includes detached garages, but no matter, force would still have to have been used to gain entry.§ 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.
So, as Charles beat me to it, to get the presumption, then forcible entry must be included.