ceejayoz
today at 12:27 AM
https://guides.sll.texas.gov/gun-laws/stand-your-ground
links to https://www.uslawshield.com/defend-property-texas/
> Texas law allows you to use deadly force to protect property if you would be justified in using force, and you reasonably believe it is immediately necessary to prevent the imminent commission of specific enumerated property crimes. These are arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime.
I'd think that'd qualify.
https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE...
> 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.
sokoloff
today at 12:44 AM
I can’t see a catalytic converter theft on a car parked on the street as burglary. Parked in a (private) garage? Yes, burglary. Parked on the street? No.
So, daytime theft of a converter from a car parked outside wouldn’t qualify I don’t think.
It also mentions:
> theft during the nighttime, or criminal mischief during the nighttime.
Seems like that qualifies
thaumasiotes
today at 1:04 AM
If you sleep in the car it will qualify no matter where you're parked. This also appears to be true of an RV or any vehicle that clearly accommodates sleeping.
For reference:
"Burglary" under the Texas penal code is defined by entering a habitation or any portion of a building that is not open to the public, either with the intent to commit a crime, or when followed by the actual commission of, or the attempt to commit, a crime.
"Robbery" is theft in which the thief causes an injury to someone else. (Or intentionally threatens to do so.)
"Theft" is what it sounds like.
Most notably burglary need not include any element of theft. I feel like it's a mistake for the legal code to distinguish between what are fully interchangeable terms in the language the code is supposedly written in.
On topic for this particular comment, "habitation" is specifically defined to include vehicles "adapted for the overnight accommodation of persons".
nonethewiser
today at 1:08 AM
Parked in your driveway
thaumasiotes
today at 1:12 AM
No, the driveway wouldn't count. Texas doesn't define burglary by property boundaries; you have to enter a "building" or a "habitation", and a habitation must be a "structure" or a "vehicle".
pclmulqdq
today at 3:53 AM
Are you sure that doesn't qualify on the basis that it is the curtilage of your home? Often this counts as "in your dwelling" because it's in your private space that immediately accompanies the dwelling.
What's the point of Texas, then? Maybe Florida?
chadgpt3
today at 12:53 AM
You can legally murder people to prevent "mischief", as long as it's at night? Wow.
bryanlarsen
today at 1:54 AM
IANAL.
Mischief is typically a serious crime; the legal and common uses of the word are different and confusing.
But I don't think Texas is restricting this to the more serious felony mischief here.
thaumasiotes
today at 3:55 AM
In this case Texas defines "criminal mischief" in three clauses, and separately defines circumstances under which it constitutes a felony. Felony mischief is largely but not exclusively defined by the amount of pecuniary loss.
The first two clauses are destroying property and damaging property in a way that causes pecuniary loss to anyone.
The third clause is making marks on property. This seems like it would always be included under "damaging property in a way that causes pecuniary loss", so I would guess it's there to make it completely explicit that graffiti counts as criminal mischief.
The quoted section of the penal code does not appear to apply any restrictions to the specific variety of criminal mischief that justifies deadly force (other than that it occurs at night).
For something like graffiti where the general sentiment is that deadly force shouldn't be considered justified, I could see an argument that the use of deadly force violates §9.42(3)(A), which requires the person using deadly force to reasonably believe that the land or property in question "cannot be protected or recovered by any other means". If we view both verbs as applying to criminal mischief, you could make the argument that when you catch someone spraying graffiti on a wall on your property, your property can be recovered, though not protected, by e.g. repainting the wall.
The counterargument might be that "recovered" is in there as the appropriate verb for cases of theft, and "protected" is in there for cases of mischief.
I don't think restricting §9.42 to felony mischief would be an improvement to the law; it's difficult to know whether criminal mischief is or isn't a felony until you've tried to recover from it and learned how much that will cost. If you catch someone keying your car, for example, that probably is a felony, but as far as social impact I would rate it similarly to graffiti.
It ain't murder.
(other words apply)
thaumasiotes
today at 1:07 AM
The alternative would be completely incoherent. If it's OK to prevent theft, the appropriation of property, it must also be OK to prevent criminal mischief, which is the destruction of property.
Note that the harm to the victim is identical in both cases, except that in the case of theft, recovery may be possible.
nonethewiser
today at 1:10 AM
“Legal” murder makes absolutely no sense. If its legal its not murder. You mean “legally kill”
It can also mean unjustified/immoral killing, which can be a useful definition (otherwise e.g. a true dictator can never murder anyone).
Yeah.
You expect pigs to defend you?