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by KD5NRH
Fri Jul 17, 2009 6:01 am
Forum: General Texas CHL Discussion
Topic: Shot in home.
Replies: 51
Views: 8242

Re: Shot in home.

boomerang wrote:In Texas a person doesn't have to enter with force to commit burglary.
Sec. 30.02. BURGLARY. (a) A person commits an offense if, without the effective consent of the owner, the person:
(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
(b) For purposes of this section, "enter" means to intrude:
(1) any part of the body; or
(2) any physical object connected with the body.
Fun one; DUI third and subsequent offenses are felonies. Three-time-loser-drunk runs his car into your living room. Can he be charged with burglary? He's still committing the felony DUI until he's fully stopped, so it looks to me like (a)(3) could apply.

I just thought of this because I remember hearing the above scenario on the scanner a while back. I didn't find out what he was ultimately charged with, but it's an interesting possibility if a prosecutor is feeling frisky.
by KD5NRH
Fri Jul 17, 2009 1:12 am
Forum: General Texas CHL Discussion
Topic: Shot in home.
Replies: 51
Views: 8242

Re: Shot in home.

srothstein wrote:The whole question to answer is what constitutes "with force". The Penal Code defines deadly force, but not force. Is it force to open a door by turning a knob? I really don't know. Most of the courses I have seen since this passed believed that this implied any physical force, but some did think it would require what used to be called "forced entry", such as breaking a window or using a prybar on a lock.
I knew one o' them sneaky lawyer-types had chimed in with something more substantial on this before. Fortunately, when he hid the thread where he said it, he forgot to hide the other thread where I'd already quoted him: :roll:
Charles L. Cotton wrote:During the debate on SB378, one of the Senators stated that he too didn't like the "with force" requirement and he too gave the example of a burglar opening an unlocked door and coming in. Quite by accident, one of the ADA's gave testimony that was helpful. He testified that, for purposes of unlawful entry, burglary, etc., pushing a door open constitutes the use of force. When he said this, I looked around the room and all of the criminal attorneys (prosecutors and defense lawyers) were nodding their heads in agreement. Even Sen. Henajosa, a criminal defense attorney, agreed. This went a long way toward easing my concern about the "with force" requirement.
(Just goes to show, if you don't want it to live forever, don't write it down in the first place :razz: )

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