Daytime scare gave me nightmares

[M. Sage]

The Deputies were OK with you drawing on somebody for that reason?
I only ask because I have wondered about scenarios such as you mention.

IIRC, trespass is reason enough to draw on someone in TX.

 

[ZX9RCAM]

IIRC, trespass is reason enough to draw on someone in TX.

Thanks, we find out after the fact that he was inside a fenced in yard & that would obviously been tresspassing, but what if the yard was not fenced & there were not any "No Trespassing" signs posted?
Is it still a given that he is trespassing?

 

[M. Sage]

Not sure, but I'm thinking that once someone identifies themselves as the property owner or tenant and asks you to leave, you'd best be on your way. I'm not all that familiar with TX law (yet), but that's how trespassing usually works.

... So I looked it up. TX Penal Code 30.05 covers trespass. I've only gone to the end of what I've quoted below so far, and there's more so you should read it on your own. Link included for your reading enjoyment. I put some text in bold, as it applies specifically to the situation we're talking about - a yard with no fence. Looks like as soon as you identify yourself as the owner/tenant and ask someone to leave, you've given them notice and they'd better get gone:

Texas Penal Code - Section 30.05. Criminal Trespass - Texas Attorney Resources - Texas Laws

30.05. CRIMINAL TRESPASS. (a) A person commits an
offense if he enters or remains on or in property, including an
aircraft or other vehicle, of another without effective consent or
he enters or remains in a building of another without effective
consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or
someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously
designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at
the entrance to the building, reasonably likely to come to the
attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple paint
marks on trees or posts on the property, provided that the marks
are:
(i) vertical lines of not less than eight
inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark
is not less than three feet from the ground or more than five feet
from the ground; and
(iii) placed at locations that are readily
visible to any person approaching the property and no more than:
(a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land other
than forest land; or
(E) the visible presence on the property of a
crop grown for human consumption that is under cultivation, in the
process of being harvested, or marketable if harvested at the time
of entry.

Of note is the exception to this law:

(c) It is a defense to prosecution under this section that
the actor at the time of the offense was a fire fighter or emergency
medical services personnel, as that term is defined by Section
773.003, Health and Safety Code, acting in the lawful discharge of
an official duty under exigent circumstances.

Other reading:

Texas Penal Code Section 9.04: (summarizing)threat of force justified
when use of force justified (brandishing handgun, "stop or I'll shoot"
is justified when you're in a situation where force is justified.)

PC 9.41(a) would apply:

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.

Note that 9.41(a) says "in lawful possession". This could mean an owner (obviously), renter, or care-taker. In the case of being at your parent's home, if they're not around I'd definitely say that you're probably in lawful possession of that property for the time being (unless things are really bad between you and the 'rents). Even if they are home, there's 9.43, which basically says that you can act in defense of a third-person's property under the same circumstances laid out in 9.41 or 9.42. 9.42(2) is the part I believe would be the most pertinent here:

(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.

Now to find out if TX considers proning someone out at gunpoint to be deadly force or not. Something tells me it's not, but more research is needed...

 

[ZX9RCAM]

/\/\ Awesome....Thanks!