TexasCHLforum.com

Steve,
Thank you. I understand what you are saying. It helps to look at it like you are referring. I just associated "burglary" in my mind to multiple forms of burglary such as burglary of a vehicle or habitation. I didn't consider the specific crime as it is listed in the penal code. That helps. And now that I have that clarification, I agree it is very specific.

I have always thought that a criminal breaking into a vehicle to commit theft was a felony. It's obviously burglary, but listed as burglary of a vehicle in chapter 30 of Texas Penal Code. The charge is only a class A misdemeanor. Burglary of a habitation is a felony and deadly force can be used to prevent the imminent commission of that.

I am not advocating using deadly force to stop burglary of a vehicle, but does anyone know why burglary of a habitation is a felony and burglary of a vehicle is only a misdemeanor?

Furthermore, why can you use deadly force for one and not the other? I really think they need to specify the differences in Sec 9.42 when they list burglary as something deadly force can be used to stop. I have always thought that was an option if someone was breaking into my car. That might confuse some folks. And I am fairly well versed in handgun laws and deadly force. However, I have never looked up burglary of a vehicle vs habitation. Glad I did!