Author Topic: Trespass and the use of Force  (Read 1740 times)

Alarmlist76

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Trespass and the use of Force
« on: April 21, 2018, 02:54:02 PM »
Question for Law Shield:  When may a business owner or authorized/empowered employee use force to remove a person from the business property after the trespasser has been informed that they are trespassing and have been directed to leave?

        When may a property owner use force to remove a person from his property after the trespasser has been informed that they are trespassing and have been directed to leave.

The above question assumes that the police are not yet involved and that the trespasser has not yet done anything else illegal such as damage property,

Katfish

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Re: Trespass and the use of Force
« Reply #1 on: April 22, 2018, 08:11:32 AM »
NOT a Lawyer here!

If You CHOOSE to employ deadly force upon the circumstance of ONLY trespassing alone - then I wish you good luck.............

(You're going to need it!)

Alarmlist76

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Re: Trespass and the use of Force
« Reply #2 on: April 23, 2018, 08:55:31 AM »
My question is only about the use of Force, not Deadly Force.  Trying to understand what a business or property owner can lawfully do without involving the police.

TexasLawShield

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Re: Trespass and the use of Force
« Reply #3 on: May 08, 2018, 03:02:04 PM »
Alarmlist,

In Texas, a property owner can only use force, but not deadly force, to terminate a trespass.
To legally use force or deadly force against another person, you must be “legally justified.” A legal justification is an acceptable reason or excuse under the law for taking an action that would otherwise be a crime. Trespassing is one of these reasons. If someone is trespassing in your store, you have informed them that they are trespassing and must leave the store, and they still do not leave, then Texas law allows you to use force to remove the trespasser.
Section 9.41(a) of the Texas Penal Code allows the use of force when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate another person’s unlawful trespass or interference with property. The use of a legally appropriate level of force is important because if a person uses more force than is “reasonably believed to be immediately necessary,” that person may lose the justification. It is important to understand the difference in the levels of force and the circumstances under which the law allows the use of each. For example: while shoving and pushing may be reasonable, repeated punches to the face is not likely a reasonable amount of force. Please note that Texas law only allows the use force to respond to a mere trespasser; that means you may not use deadly force, e.g., pointing your firearm, to respond to a trespasser.