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.
Quote:
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Originally Posted by zen_tom
There's a problem with this law...
If the guy steals your wallet and hangs around, you can't shoot him, because according to points 2a, and 2b;
The guy has already committed the crime, (i.e. he's not imminently going to) and
The guy is not fleeing after having commited the crime.
In fact, the guy could hang around and call you a bitch, leaf through your wallet, make remarks about the picture of your mama, and you wouldn't be able to do a thing. Isn't the law a bitch?
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according to section 3A and 3B, unless he hands over the wallet upon your verbal demand, he becomes a target.