Author Topic: Texas Penal Code 9.42 B  (Read 5929 times)

spiga78

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Texas Penal Code 9.42 B
« on: March 28, 2014, 12:04:28 PM »
Do you know of any cases that 9.42B has been use to successfully defend a client from a shooting?

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.
« Last Edit: April 09, 2014, 09:44:59 AM by spiga78 »

687476

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Re: Texas Penal Code 9.42 B
« Reply #1 on: March 31, 2014, 09:38:10 AM »
Joe Horn in Pasadena.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

Allen

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Re: Texas Penal Code 9.42 B
« Reply #2 on: March 31, 2014, 09:33:07 PM »
On this same note, what does the law mean by
"the land or property cannot be protected or recovered by any other means".  

Does mean that replaceable items are not valid?  What about insured items?  (Not wanting to start a discussion on "proper" or moral issues to avoid any potential future issues, just wanting clarification on the law.)

Speaking of that... is this board protected from being used against us in the future?
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

marshalmatt

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Re: Texas Penal Code 9.42 B
« Reply #3 on: April 01, 2014, 06:47:34 AM »
One should post very carefully as attorney-client privilege is NOT protected by this board. Be careful what you post!
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Texas Penal Code 9.42 B
« Reply #4 on: April 01, 2014, 09:46:34 AM »
Yes, 9.42(b) has been successfully used as a justification for the use of deadly force in defense of property. Remember that a jury will decide whether your actions were reasonable in using deadly force to protect your property.

Keep in mind that a person may be legally justified in using deadly force to prevent the commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime. It may also be used to prevent another who is immediately fleeing after committing one of the above crimes if the shooter reasonably believes that recovering the property will subject himself to death or serious bodily injury.

This all must be done "reasonably." In our experience, it has been difficult to argue to a jury that a person acted reasonably when a person was fleeing the scene of a crime and there was no longer a threat.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Texas Penal Code 9.42 B
« Reply #5 on: April 01, 2014, 02:06:15 PM »
Allen,

To use an example to illustrate the legal meaning of "the land or property cannot be protected or recovered by any other means":

If your neighbor mistakenly thought you had borrowed their lawnmower when in fact it was your own lawnmower and then took it out of your garage back to their garage, this would be a situation where you had other means to recover the property (talking to them, filing a civil action, etc.). On the other hand, if you are being burglarized late at night, there is a very low probability that the burglar would stop and give you their information so that you can serve them with a civil suit.

This phrase is focused on whether or not you could get the actual item back, not simply a cash reimbursement as under an insurance policy or the like.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »