Quote:
Originally Posted by SpeedRacerXXX
Under the fairly recently passed "Castle Law" in Texas,
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What "fairly recently passed "Castle Law" in Texas"?
You all read too much OP-Ed from the Austin rag in Cedar Park.
Texas Penal Code: 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994."
The last "upgrade" was in 1994 ... "fairly recent" ??? AND
the use of deadly force has been allowed to protect one's property for a long time ... !
The standard by the way is NOT from the perspective of the invader who is kicking in the door or the gf next door ...
the perspective is from the person inside the house whose door is getting kicked in a 4 a.m. ... AT THE TIME THE DOOR IS GETTING KICKED IN ...
and NOT after the gf explains to police why her bf was drunk and that he probably had the wrong door!
When someone kicks my door at 4 a.m. in the morning it is REASONABLE FOR ME TO CONCLUDE that the person is committing:
burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime;
and knows I am in the house and doesn't give a shit!
So it is REASONABLE for me to believe that the only way I am going to prevent myself and MY family from being hurt is to use deadly force to stop the person.
FYI: Kicking in a door is "criminal mischief"!!!!!!!!
Here's a "true story" even in Austin ...
A little over 40 years ago a guy was "stitched" by his wife with .357 mangum through the sliding glass doors at their house when he came home drunk and she thought it was someone trying to burglarize the house .... no charges.
Around that same time a guy I knew was hit twice in the legs with .380 rounds by his wife when he came home drunk and was bouncing off the walls of the entry way and she thought it was someone trying to break in the house ... he lived....... no charges.
Years ago in Fort Bend county a guy was trying to open a kitchen window in the back of the house with a screw driver and the housewife inside drilled his ass with .357 magnum (literally blew his heart out the back) ...dead when he hit the ground .... no charges.
May be in Cedar Park it is socially correct to kick in folks doors when drunk, but I wouldn't transport that concept tot he rest of the State of Texas! Even Travis County.
