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- Xref: sparky talk.abortion:34283 misc.legal:16781
- Newsgroups: talk.abortion,misc.legal
- Path: sparky!uunet!usc!sol.ctr.columbia.edu!eff!mnemonic
- From: mnemonic@eff.org (Mike Godwin)
- Subject: Re: Killing in defense of possessions?
- Message-ID: <1992Sep1.135044.13882@eff.org>
- Originator: mnemonic@eff.org
- Sender: usenet@eff.org (NNTP News Poster)
- Nntp-Posting-Host: eff.org
- Organization: Electronic Frontier Foundation
- References: <1992Aug28.200352.20459@ncsu.edu> <1992Aug30.153208.20600@midway.uchicago.edu> <1992Aug31.124138.2184@brandonu.ca>
- Date: Tue, 1 Sep 1992 13:50:44 GMT
- Lines: 56
-
- In article <1992Aug31.124138.2184@brandonu.ca> mcbeanb@brandonu.ca writes:
-
- >Well I don't know, but I've been told: in Texas you can shoot a guy
- >walking down the street if he came from your house and you think he
- >might have taken something.
-
- Texas law is hardly so cavalier about this issue. The use of deadly
- force in protection of your property is dealt with in Secs. 9.41 and 9.42
- of the Texas Penal Code. In order to legally use deadly force in the
- situation you describe here, the following conditions must be met:
-
- From Sec. 9.41 (which governs the use of force generally to protect
- property):
-
- - You must "reasonably believe" that force is "immediately necessary" to
- recover the property and you have to have used the force "immediately
- or in fresh pursuit after the dispossession" and
-
- - You must "reasonably believe" the other person had no claim of right
- when he dispossessed you of the property, *or* the other person must
- have accomplished the dispossession by using force, threat, or fraud
- against you.
-
- From Sec. 9.42 (which governs the use of deadly force to protect
- property):
-
- - You must meet the requirements of Sec. 9.41 (listed above), and
-
- - You must reasonably believe *either* that you are preventing the other
- person's imminent commission of arson, burglary, robbery, aggravated
- robbery, theft during the nighttime, or criminal mischief during the
- nighttime *or* that you are preventing the person from fleeing
- and escaping with the property immediately after he committed burglary,
- robbery, aggravated robbery, or theft during the nighttime, and
-
- - You must reasonably believe that the property cannot be protected or
- recovered by any other means, *or* that the use of force other than
- deadly force to protect or recover the property would expose you or
- another to a substantial risk of death or serious bodily injury.
-
-
- As you can see, this law doesn't create a defense for you if you decide
- to shoot someone who's walking away from your house and "might" have
- taken something. Use of force has its legal limits, and use of deadly force
- has very strict limitations.
-
-
- --Mike
-
-
-
- --
- Mike Godwin, |"The meeting of two personalities is like the contact
- mnemonic@eff.org| of two chemical substances: if there is any reaction,
- (617) 864-0665 | both are transformed."
- EFF, Cambridge | --Carl Jung
-