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by newlife12176
Sun Mar 22, 2009 3:57 pm
Forum: General Texas CHL Discussion
Topic: Employee shoots shoplifter - facing aggravated assault?
Replies: 32
Views: 3958

Re: Employee shoots shoplifter - facing aggravated assault?

Sorry, wrong section of PC posted....

Here....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
by newlife12176
Sun Mar 22, 2009 3:54 pm
Forum: General Texas CHL Discussion
Topic: Employee shoots shoplifter - facing aggravated assault?
Replies: 32
Views: 3958

Re: Employee shoots shoplifter - facing aggravated assault?

I think a lot of guys are unaware that it is illegal to shoot a fleeing robber during the daytime
The above statment needs clarification. You cannot legally shoot a fleeing "thief" during the daytime (which based on the info of this article, the subject is) however, you can shoot a fleeing "robber" anytime of the day or night...

Sec. 29.02. Robbery.
(a) A person commits an offense if in the course of committing theft as defined in Chapter 31
and with intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes bodily injury to another; or
(2) intentionally or knowingly threatens or places another in fear of imminent bodily
injury or death.
(b) An offense under this section is a felony of the second degree.

Sec. 9.32. Deadly Force in Defense of Person.
(a) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is immediately
necessary:
(A) to protect the actor against the other's use or attempted use of unlawful deadly
force; or
(B) to prevent the other's imminent commission of aggravated kidnapping,
murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery

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