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To: PROCON

in Texas, a man’s car is his castle, jus’ sayin’


30 posted on 04/11/2022 8:38:19 AM PDT by Terry L Smith
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To: Terry L Smith

The definition of the crime:

Texas penal code Sec. 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;

(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person;

To wit:

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.

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.28.htm

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.9.htm#9.42


64 posted on 04/12/2022 1:07:17 AM PDT by JD_UTDallas ("Veni Vidi Vici" )
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