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To: JoeFromCA
Last time I checked, which was probably 5 to 6 years ago, Texas allowed the use of deadly force to prevent theft of one's property (without a self defense requirement). I believe that's the only state with that rule.

This is still correct.

About ten months ago my neighbors burglar alarm went off in the middle of the night. I live on a six house cul-d-sac and before the guy could get it shut off four of us were in the street armed to the teeth. It’s nice to live on a street where every home is owned by a veteran. Four Army, one Navy, and a retired Coast Guard officer.

19 posted on 05/27/2002 7:25:47 PM PDT by HoustonCurmudgeon
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To: HoustonCurmudgeon
Living in a cul de sac helps in hindering the getaway, too.
20 posted on 05/27/2002 7:33:25 PM PDT by Cultural Jihad
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To: HoustonCurmudgeon
What, marines aren't represented on your street?
31 posted on 05/27/2002 11:35:01 PM PDT by nickcarraway
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To: HoustonCurmudgeon
Texas Penal Code

§ 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.

§ 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 {potection of property}; 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.

47 posted on 05/29/2002 10:41:37 AM PDT by Pilsner
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