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by Charles L. Cotton
Fri Jul 27, 2018 2:03 pm
Forum: Never Again!!
Topic: Teens died about 87 and 337 feet from man who said he fired in self-defense
Replies: 30
Views: 9315

Re: Teens died about 87 and 337 feet from man who said he fired in self-defense

BBYC wrote: Fri Jul 27, 2018 1:08 pm
montgomery wrote: Fri Jul 27, 2018 1:03 pm Keep in mind that was in Michigan and Michigan has a very specific definition on self defense, including the 21 foot rule. What is legal in Texas will get you life behind bars in Michigan.
For better or worse, Texas doesn't have the fleeing felon rule.
Texas does not allow the shooting of all fleeing felons, but read TPC §9.42 below.

Chas.
TPC §9.42 wrote:Sec. 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

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

    (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.

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