PC §9.42. DEADLY FORCE TO PROTECT PROPERTY.
A person is justified in using deadly force against another to protect land or tangible,
movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
Joe Horn witnessed two men break into his neighbor house
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
Joe Horn witnessed them taking his neighbors property out of the house to a truck
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
The 911 operator did not tell Mr. Horn about officer on site.
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
When Joe Horn confronted the men one approached him with a screw driver.
PC §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;
Joe Hornes neighbor testified they had agree to protect each others property as if it was their own
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.
Joe Horn has had many civil problems but was not charged with a crime
In the last ten years or so, here in the Houston areas 2 repo men have been killed, no charges file in either cases.
I can not think of anything I own worth killing for
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- by bkj
- Thu Oct 13, 2011 9:16 pm
- Forum: General Texas CHL Discussion
- Topic: Can You Shoot to Protect Property in TEXAS
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