I'm sure glad Texas law isn't that particular about protecting criminals.:laughing:
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.
This is very strange, how it refers to "nighttime" in section 2A-B. so apparently the law changes depending on where the sun happens to be in earth's orbit?? Must get a little confusing around dusk and dawn.
I know they were trying to show that night can be more dangerous, but it would be a circus bringing out the sun tables in court to determine if the defense was justified or ...... what would happen if the property owner used this deadly degree of force and it was determined that in fact the sun was up according to the time tables, even if it was still dark out due to clouds????
Would the property owner then become criminally negligent??
Just seems very arbitrary, also the part about defending "land" How could land be under any serious threat. I guess it could be if someone was about to light your forest on fire.
JB