My point is, that if someone is walking out of your house carrying your TV, and NOT threatening you, and you shoot them, expect the worst. The definition of Self-Defense is pretty clear from state-to-state. If you don't believe me, and I always tell people to do their own research, ask any lawyer.
Now, if they have the TV in their hands and try to THROW it at you and you are close enough to be injured, that's another story.
But shoot-outs over JUST PROPERTY? Better call a lawyer, you're getting arrrested.
Just search for PC 9.42.....or search for Protection of Property.
Quote:
A person is justified in using deadly force against another to protect land or tangible property, moveable property: (2) when and to the degree he reasonably believes the deadly force in immediately necessary: (A) to prevent the other's immenent commission of arson, burgulary, robbery, aggravated robery, "theft during the nighttime:, or "criminal mischief during the nighttime" (B) or to prevent the other from fleeing immediately after the committing arson, burgulary, robbery, aggravated robery, "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.
I will also add that if one needs this defense, one needs an attorney...quick!
I do not advocate the use of deadly force to stop someone from stealing my TV...but if he threatens my family or me....it's go time.....
In TEXAS, after dark, deadly force can be used to protect PROPERTY. Sorry, it just is.
If u don't mind?I'm inclined to agree w/ your opinion. My law instructor stated in Fl you can only use deadly force(ie gun) when confronted by deadly force (gun,knife,etc).You must also be in imminent fear for your life.A private citizen shooting a fleeing perp is dicey at best. You think that's bad? Even if shooting is justified, perp(or survivors)can take the case to civil court.
No one is going to walk out of my house carrying a TV while I just sit and watch. What kind of obsurd example is this. Maybe I am missing something here but these seems like a real exception to the times someone might have to use force to stop a robbery.
We should be focusing on the other 99% of situations where someone entering your property is perceived as a threat and how you deal with that. Sorry, if I have missed the point here.
If it's night, that's "Theft during the nighttime. If not, you are stopping a crime in progress.
I don't think I'd shoot in such a situation, but the law does allow me to here in Texas. It's right in our CHL handbook. :)
---My point is, that if someone is walking out of your house carrying your TV, and NOT threatening you, and you shoot them, expect the worst. The definition of Self-Defense is pretty clear from state-to-state. If you don't believe me, and I always tell people to do their own research, ask any lawyer.
Now, if they have the TV in their hands and try to THROW it at you and you are close enough to be injured, that's another story.
But shoot-outs over JUST PROPERTY? Better call a lawyer, you're getting arrrested.
---
Colorado allows the use of deadly force to protect property. It was called the Make My Day Law and passed to howls of liberal protest several years ago.