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Humanphibian wrote:agreed with all about the requirements that must be met...but WHAT on earth kind of Criminal Mischief would meet those requirements???...lol

Some of the other crimes that are listed "could" at times perhaps meet them...but Criminal Mischief...REALLLLLY????

28.03. CRIMINAL MISCHIEF. (a) A person commits an offense if, without the effective consent of the owner:
(1) he intentionally or knowingly damages or destroys the tangible property of the owner

sjfcontrol wrote:

Humanphibian wrote:this is the part that always raised my brow :

§ 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.


so....basically, if someone was toilet papering your home........????????

I guess so -- If you can defend the statement I highlighted in blue. Can you come up with some other way to stop the mischief?

40khammer wrote:Also:

§ 30.04. BURGLARY OF VEHICLES. (a) A person commits an offense if, without the effective
consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to
commit any felony or theft.

(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) For purposes of this section, a container or trailer carried on a rail car is a part of the
rail car.

Breaking into a car is burglary and deadly force is authorized.