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  • Acera

    TGT Addict
    Rating - 100%
    6   0   0
    Jan 17, 2011
    7,596
    21
    Republic of Texas
    I would have thought that the impact against the window would have gotten some attention from the home occupants. Pretty sure most on this board would have been up and taking some action.............

    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.
     
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