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by The Annoyed Man
Sun May 25, 2014 3:56 pm
Forum: General Texas CHL Discussion
Topic: Can I shoot an animal that is a threat?
Replies: 29
Views: 3289

Re: Can I shoot an animal that is a threat?

polly wrote:Jail is probably the safest place for somebody who kills my dog in my back yard. :mad5
Agreed, but that isn't the point of this thread, is it?
by The Annoyed Man
Sun May 25, 2014 12:37 pm
Forum: General Texas CHL Discussion
Topic: Can I shoot an animal that is a threat?
Replies: 29
Views: 3289

Re: Can I shoot an animal that is a threat?

jbarn wrote:
Texas Penal Code
Sec. 42.092. CRUELTY TO NONLIVESTOCK ANIMALS. (a) In this section:
(1) "Abandon" includes abandoning an animal in the person's custody without making reasonable arrangements for assumption of custody by another person.
(2) "Animal" means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal.
(3) "Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering.
(4) "Custody" includes responsibility for the health, safety, and welfare of an animal subject to the person's care and control, regardless of ownership of the animal.
(5) "Depredation" has the meaning assigned by Section 71.001, Parks and Wildlife Code.
(6) "Livestock animal" has the meaning assigned by Section 42.09.
(7) "Necessary food, water, care, or shelter" includes food, water, care, or shelter provided to the extent required to maintain the animal in a state of good health.
(8) "Torture" includes any act that causes unjustifiable pain or suffering.
(b) A person commits an offense if the person intentionally, knowingly, or recklessly:
(1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal;
(2) without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an animal;
Is there any other section of the law which specifies whether or not the above applies in ALL instances, or only to animals that are under control and located on the owner's property? I would hazard to guess that the two situations are different.

Scenario:
  1. I walk onto a neighbor's fenced in property uninvited, through a closed gate, and the neighbor's [insert your large breed of choice] attacks me. I shoot the dog.
  2. I am walking down a street 3 blocks away, and that same neighbor's [insert your large breed of choice] has escaped his property and attacks me at that location 3 blocks from his property. I shoot the dog.
My guess is that 42.092 covers (A), but not (B). I would further guess that the "reasonableness" standard may not apply in (A) but certainly does apply in (B). In (A), I have no more rights than any other trespasser.......and even then I'm not sure that I surrender my basic right to self-defense just because I am trespassing. In (B) I have every right to defend myself, and the dog's owner has no standing because he broke the law by allowing his [insert your large breed of choice] to escape, which unnecessarily placed other people in danger.

What say you?

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