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Old 02-18-2014, 11:43 AM   #89
Just Passin' By Just Passin' By is offline
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Quote:
Originally Posted by Pablo View Post
Some people think that their personal property deserves the same sort of protection and lethal force that they or their own families do.

The laws vary by state. Texas give more leeway to shoot over property than Arkansas, for example.

Quote:
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.
http://law.onecle.com/texas/penal/9.42.00.html
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