- Joined
- Oct 28, 2012
- Messages
- 13,461
Nope you can't just kill people because they are in you r yard . You can but you'll go to the big house or spend all the money you have staying out of jail.
Last time I checked you could in fact shoot someone in your back yard in Texas.
I'm finally back on line after 5 days of my home email being messed up. Thanks to all reply's and learning there is more than one way to shoot an inturder and keep out of jail. Iv'e learned the as*kicking is much easier if your'e a bug guy! haha
Thanks to Mike for Buddy's future enclosed home! I am so glad I am a prt of this big tort site with so much usefull info!
Buddy thanks all of you as well!
* Mini, does buddy have space with grass, etc.?
View attachment 77399
I would say it is that simple. Me to a jury of my peers: A person I do not know jumped into my back yard at night and launched a potentially deadly attack at my pet. I defense of my property, my life and that of my pet I shot and killed the POS. Jury to me: Did you feel like your life or the life of your pet was in danger? Me: Yep. Jury: Not guilty.The paraphrased criteria you quoted apply to the 'castle doctrine' portion of the law, i.e. protection of persons in their occupied homes, cars or workplaces. The part you should have referenced is as follows:
SUBCHAPTER D. PROTECTION OF PROPERTY
Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.
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.
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.
From the 2 page report, 1st page only listed my name & addr and person living behind me, his name & addr. The 2nd page listed the narrativeAny updates on Buddy and the situation? Were you able to get a more detailed police report?
I would say it is that simple. Me to a jury of my peers: A person I do not know jumped into my back yard at night and launched a potentially deadly attack at my pet. I defense of my property, my life and that of my pet I shot and killed the POS. Jury to me: Did you feel like your life or the life of your pet was in danger? Me: Yep. Jury: Not guilty.
I am sorry I do not have time to google the law while me and mine are under a potentially deadly attack. I would have to act quickly and sort the other stuff out after I have made sure me and mine are safe.
On guard! Are you walking back and forth your back door with your shotgun? Ha ha just kidding! Hey onto better things . I got the floor finished on your tort house . Will be putting it together tomorrow . Then I can cut the tortoise door . Should be ready by next weekend hopefully .