I haven't seen anything prohibiting shooting a person in the back in TPC anywhere. Just the "reasonable" defense to using force, up to and including deadly force.baldeagle wrote:That word "clearly" is where you can get in trouble. In the case of the Luby's shootings in Killeen, killing the shooter would have clearly been justified, even if you broke the law by having a gun in the restaurant. In a case where someone breaks into your garage and steals some tools, and you spot him running down the alley with your tools, clearly isn't so clear any more.Charles L. Cotton wrote:"Necessity" TPC §9.22.longtooth wrote:Lawyers or legal eagles:
#1. What is the legal term used for breaking one law to keep a greater harm from taking place if the law was not broken.
TPC §9.22 - Necessity wrote:Sec. 9.22. NECESSITY. Conduct is justified if:
(1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;
(2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and
(3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.
And I think it's pretty clear that you can apply deadly force to a fleeing subject.
(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
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.
(c) Except as provided in Subsection (d), an offense under
this section is a:
(1) state jail felony if committed in a building other
than a habitation; or
(2) felony of the second degree if committed in a
habitation.
(d) An offense under this section is a felony of the first
degree if:
(1) the premises are a habitation; and
(2) any party to the offense entered the habitation
with intent to commit a felony other than felony theft or committed
or attempted to commit a felony other than felony theft.