BergaminoCAV
Member
Isnt there a Make My Day law in some states where if some one threatens you on your property you can shoot them dead? I would think that term shhot dead might vary from state to state haha
I like my animals better than most people ...
TEXAS LAW
If you can legally kill someone for threatening your dog with lethal force or beating your horse then it logically follows that it is a capital crime in Texas to do so.
How many people have benn executed in Texas for threatening a dog with lethal force or beating a horse?
It may be the law... but it makes no sense.
He's right, you don't know who or what or why a stranger is doing X. The person with a pistol in hand, may have just taken out the bad guy who shot the clerk five seconds before you entered the store. Heck, he or she might even be an off-duty cop. Family only, or close friends who you know and are with (i.e. out for diner or movie).
For example, if I steal your dogs bone (Robbery) then that means you can shoot me while the "crime" is being committed?
Texas Penal Code Section 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.
FWIW, threatening the dog would probably fall under criminal mischief for the purposes of this section as well, since TX defines several varieties of CM for damaging animals.
ronto KD5NRH,
Thank you for posting the complete law. It looks like you could legally shoot someone ,even a minor, who steals your apples (CM) as long as it's night time.
Just wondering if you know if there are actually many justifyable homicides that occur under this law and any statistics that show a decrease in these types of crimes since it was enacted.
It appears it would not be a smart move to be a thief in Texas...but most criminals are not known for their high IQ.