What are the laws on the use of deadly force to protect property (of others)in Texas?

[GuyWithQuestions]

Even though I don't live in Texas, people often talk about how it's legal to use deadly force to protect property under some circumstances in that state. I was wondering what the specific laws are in that state? Also, what does it specifically say about using deadly force to protect property other than your own? I was just wondering because of that Joe Horn incident over a month ago and I was wondering about all the talk on Texas. Have there been similar incidents? Are there any links to the use of force in protecting property in Texas, specifically deadly force for others' property?

 

[Double Naught Spy]

You can go to the Texas Department of Public Safety web page and get all the information you need. Read the laws for yourself. They cover use of force and use of lethal force including for the protection of property.

http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf

If you want answers on Joe Horn, don't count on it. Even his own lawyer wasn't sure if his actions fit the law. I haven't seen any results from the grand jury on it.

 

[Deavis]

The Texas Penal Code is your friend. Read it, learn it, love it.

http://tlo2.tlc.state.tx.us/statutes/petoc.html

§ 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.

 

[kostarae]

Florida was the first state to incorporate the "Castle Doctrine" also known as "Stand Your Ground" in October of 2005. Since then, over a dozen other states have signed similar bills. Each state is still different so read your state laws.

In Alabama, where i'm from, deadly force can be used "in order to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he or she may use a degree of force which he or she reasonably believes to be necessary for the purpose."

Deadly force can also can be used against a perpertrator "Committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any degree, forcible rape, or forcible sodomy"

So if my neighbor is getting robbed or sometimes breaking into their home, I can use deadly force I presume.


Also...these bills protect the potential victim from any civil suits such as wrongful death, medical bills, pain and suffering, etc.

Police also may not apprehend potential victim without reason to believe the potential victim was not abiding these circumstances. (You can't just shoot someone on your lawn)

 

[El Tejon]

kos, Florida was NOT the first such state. States had been eliminating the duty to retreat for hundreds of years before 2005. (E.g., Indiana eliminated its duty to retreat in 1865). In 2005 Florida was in the minority of states that required a duty to retreat.

Just because a state has a lot of electoral votes does not make the first state in the nation to do X. See, e.g., Kirk's Second Law of the Internet. See also, Florida's CCW reform in 1987. People ran around saying that Florida was "first" when New Hampshire or Indiana had such laws for decades before Florida.

"Castle Doctrine" is NOT the elimination of the general duty to retreat. The media is deliberately confusing the issue to provoke gun owners into less than thoughtful actions.

 

[GuyWithQuestions]

Castle Doctrine same as deadly force to protect property?

I thought that "Castle Doctrine" is different than using deadly force to protect property? Castle Doctrine means that you don't have a duty to retreat if you're on your lawful piece of property, independent of whether your state says that you can only use deadly force to protect life and limb.

I thought "Stand Your Ground" means no duty to retreat if you're in a place you have a legal right to be (ie. a park), not whether you can blow away someone for stealing a cell phone, etc? Then sometimes Stand Your Ground will include something like immunity from arrest or civil actions unless they have probable cause that it wasn't self-defense if that's what you say(in addition to the probable cause needed that you committed a homicide or aggravated assault in the first place), then they could arrest or sue you?

I thought the difference between Castle Doctrine and not means that you would only have to retreat if it was safe to do so but not if it wasn't safe, so the debate was whether that could place an innocent person in a situation to be attacked in the back?

 

[Winchester 73]

GuyWithQuestions

You sure got the right handle,Guy!