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To: ButThreeLeftsDo
Sorry......Bad Shoot.

In most places, but not necessarily in Texas.

Texas Penal Code Chapter 9

	§ 9.41. PROTECTION OF ONE'S OWN PROPERTY.  (a) A person in 
lawful possession of land or tangible, movable property is 
justified in using force against another when and to the degree the 
actor reasonably believes the force is immediately necessary to 
prevent or terminate the other's trespass on the land or unlawful 
interference with the property.
	(b)  A person unlawfully dispossessed of land or tangible, 
movable property by another is justified in using force against the 
other when and to the degree the actor reasonably believes the force 
is immediately necessary to reenter the land or recover the 
property if the actor uses the force immediately or in fresh pursuit 
after the dispossession and:
		(1)  the actor reasonably believes the other had no 
claim of right when he dispossessed the actor;  or
		(2)  the other accomplished the dispossession by using 
force, threat, or fraud against the actor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994.


	§ 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.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994.


	§ 9.43. PROTECTION OF THIRD PERSON'S PROPERTY.  A person 
is justified in using force or deadly force against another to 
protect land or tangible, movable property of a third person if, 
under the circumstances as he reasonably believes them to be, the 
actor would be justified under Section 9.41 or 9.42 in using force 
or deadly force to protect his own land or property and:
		(1)  the actor reasonably believes the unlawful 
interference constitutes attempted or consummated theft of or 
criminal mischief to the tangible, movable property;  or
		(2)  the actor reasonably believes that:                                      
			(A)  the third person has requested his protection 
of the land or property;
			(B)  he has a legal duty to protect the third 
person's land or property;  or
			(C)  the third person whose land or property he 
uses force or deadly force to protect is the actor's spouse, parent, 
or child, resides with the actor, or is under the actor's care.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994.

But it will probably go a jury
23 posted on 11/16/2007 5:18:53 PM PST by SauronOfMordor (When injustice becomes law, rebellion becomes duty)
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To: SauronOfMordor
But it will probably go a jury

Most shootings in Texas do, even those that are obvious justified under the law. It tends to clear the name of the defender. Which helps a lot in any ensuing civil case.

165 posted on 11/16/2007 9:27:43 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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