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To: Shooter 2.5
Under Texas law, a person can protect their property with deadly force if there is the chance the property can never be recovered. Absolute statements about the law between different locales is a risky business.

Prove it. Where is the cite? And -- is it still good law, or something from cattle-rustling days?

38 posted on 01/26/2003 12:49:04 PM PST by WL-law
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To: WL-law
Texas Penal Code 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.

47 posted on 01/26/2003 1:19:36 PM PST by Shooter 2.5
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To: WL-law
§ 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.

49 posted on 01/26/2003 1:25:44 PM PST by Double Tap
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