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re: BIG BUCKS, doe down, and trespassers.

Posted on 10/11/10 at 11:31 am to
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29409 posts
Posted on 10/11/10 at 11:31 am to
quote:

Not so in Texas, but if they are armed it will not be too hard to prove imminent danger.


I'm not sure the Texas statutes allow you to shoot someone for the crime of trespassing. I am not licensed in Texas, but my understanding that it is only for certain crimes where you can use deadly force to defense yourself and your property.

Quick internet search:

quote:

Deadly Force in Defense of Person

"A person is justified in using deadly force against another if he would be justified in using force under Section 9.31 of the statute when and to the degree he reasonable believes that deadly force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly force, if a reasonable person in the same situation would have not retreated. The use of deadly force is also justified to prevent the other's imminent commission of aggravated kidnapping, murder, rape or robbery."

Defense of Another Person

"A person is justified in using deadly force against an attacker to protect another person if he would be justified to use it to protect himself against an unlawful attack and he reasonably believes his intervention is immediately necessary to protect the other person from serious injury or death."

Deadly Force to Protect Property

"A person is justified in using deadly force against another to protect his property to the degree he reasonably believes the force is immediately necessary to prevent the other's imminent commission of arson, burglary, robbery, theft during the nighttime or criminal mischief during the nighttime, and he reasonably believes that the property cannot be protected by any other means."

"A person is justified in using deadly force against another to pervent the other who is fleeing after committing burglary, robbery, or theft during the nighttime, from escaping with the property and he reasonable believes that the property cannot be recovered by any other means; or, the use of force other than deadly force to protect or recover the property would expose him or another to a substantial risk of death or serious bodily injury. (Nighttime is defined as the period 30 minutes after sunset until 30 minutes before sunrise.)"

Protection of the Property of Others


"A person is justified in using force or deadly force against another to protect the property of a third person if he reasonably believes he would be justified to use similar force to protect his own property, and he reasonably believes that there existed an attempt or actual commission of the crime of theft or criminal mischief."

"Also, a person is justified in using force or deadly force if he reasonably believes that the third person has requested his protection of property; or he has a legal duty to protect the property; or the third person whose property he is protecting is his spouse, parent or child."

Posted by Bleeding purple
Athens, Texas
Member since Sep 2007
25315 posts
Posted on 10/11/10 at 12:08 pm to
Dont get me wrong I am not implying snipng someone from a tree stand for stepping over the fence is ok in the eyes of the law. However, doing so because they are stealing your camera, tree stand, SD card, or managed game animals is perfectly legal, especially if you cath them doing so at night.

Furthermore, if they are on my property and armed then I have the right to decide I am in immenent danger and protect myself and others with justified lethality.


Moral of the story: Keep your arse on your side of the fence in Texas and keep your hands off my stuff.
Posted by TexasTiger89
Houston, TX
Member since Feb 2005
24475 posts
Posted on 10/12/10 at 3:34 pm to
Also keep in mind you can be dead right about defending yourself and property and still spend a lot of money on lawyers to defend your good name. I have a Texas CHL and pack to protect myself. They taught us in my CHL class on average after killing a perpetrator you will spend $125,000 in legal fees even if the person was threatening your life, raping your wife and abusing your kids.

Bottom line is avoid shooting someone if you can.
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