If Texas Has A Law.........?

Question

stating that you can legally shot any criminal fleeing the scene of a crime, does that mean that Texans can sit at the border and shot anyone crossing illegaly?

Refer to JUSTME for the exaxt definitions.


Thank you.

I don't see anyone getting rewarded for theft, speeding, or any other crime. Why reward illegals with the ability to stay here, and then call it meeting them half way.

BULLSH**

Answer 1

Texas law generally authorizes people to kill thieves to protect or recover their own property (setting aside the situation where the target took the property in order to survive),

§ 9.41. (a) A person . . . is justified in using force against another . . . to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the [person's] land or unlawful interference with the [person's] property.

(b) A person unlawfully dispossessed . . . by another is justified in using force against the other . . . to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession . . . .

§ 9.42. [Deadly force may be used in the above situations] . . . to the degree [the actor] 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) [the actor] 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.

People can also use deadly force to protect others' property under similar circumstances, if they reasonably believe the target committed or is committing theft or attempted theft (§ 9.43).

Again, I might advise Texans not to take advantage of their legal rights under these sections in some situations. But I would surely advise all Texans to remember that Texas property owners have those rights, and many have the reputation of being willing to use them.

Answer 2

I don't know the answer, but don't you think that we'd be a little more sophisticated than to just shoot 'em?

Really folks, you need to look at the legislation that Kay Bailey Hutchinson just proposed about 2 weeks ago. I feel that it hits the middle ground that is needed. 17 years of model behavior AND go to back of line. Mass deportation would be a) shooting our leg to spite our toe -- our economy would become very chaotic without the immigrants; and b) tie up law enforcement resources that are needed for more serious crimes.

Lately, it seems like the illigals that are wanted for crimes are being sought after. This IS a good use of resources. I disagree with hunting down folks that are holding jobs and obeying the rest of the laws. I bet that you don't drive the speed limit and stop at every stop sign, do you?

Answer 3

Hell No! Not in cases of no harm to you (standing) could you do it.
Only if someone is in process of stealing your property or has a weapon to harm you, can you protect your property, yourself, or family. It will then go before a Grand Jury in the county you committed the crime, as to whether you were justified in shooting that person, The Grand Jury will decide your guilt only if there is evidence against you and the District(felony) Attorney will procede in a trial.
If Grand Jury No-Billed you,(not guilty or not enough evidence) you will go free and not go to trial. You could still be sued in civil court and you will have to defend your actions in court. (Expensive)
This is not something to take so lightly as to be able to get away with shooting someone.
You may NOT get away with it, depending as to who is sitting on the Grand Jury at that time. Now, do you want to know what I really think?
What a stupid thing to do! Fight this in the proper channels!
This is a Federal issue in law.
Get your people together, vote the offending federal govt officials out, write your Congressman, President, or anybody else to get the federal laws enforced for once. This has been illegal for years, but the feds have looked the other way.
Let's not resort to violence.
Here where I live, illegals have been one of the biggest issues to come along in a long time. This lawbreaking has gone on for sooo long and the govt has done nothing to stop it but to make local taxpayers foot the bills for hospitals, education, more jails and police, to pay for illegals from everywhere in the world that come over here.
We cannot pay for it any longer.
Today, most legal citizens don't have the incomes they used to to pay the high property taxes used for everbody's problems.
I read where Parkland Hospital in Dallas sent the Mexican govt a bill for services for Mexicans receiving services.
They won't pay it, but it's a step in the right direction.
I don't hate immigrants or blame them for coming here. The Mexican govt sucks! What have they done for their people but starve them? It's also partly the tax system here that must be changed to where everbody here pays for services here.
We are a country of immigrants, our ancestors came here legally or illegally centuries ago. When you relocate to a new country, you assimilate, have allegience to the American govt and fly "Old Glory" down the street in protest, not the White-Green-Red Mexican flag. This only proves it's about the free stuff we have to give away, not freedom of religion, persecution, or any of that stuff.
So, if your here illegally, start paying 50% of your pay to the local, state and federal govt like we legals here do and get yourselves in line for citizenship.

Answer 4

Do they? If so, why are two border guards facing 20 years in jail for doing just that??

Found this in the Texas gun laws though:

Deadly Force to Protect Property

"A person is justified in using deadly force against another to protect his property to the degree he reasonably believes the force is immediately necessary to prevent the other's imminent commission of arson, burglary, robbery, theft during the nighttime or criminal mischief during the nighttime, and he reasonably believes that the property cannot be protected by any other means."

"A person is justified in using deadly force against another to pervent the other who is fleeing after committing burglary, robbery, or theft during the nighttime, from escaping with the property and he reasonable believes that the property cannot be recovered by any other means; or, the use of force other than deadly force to protect or recover the property would expose him or another to a substantial risk of death or serious bodily injury. (Nighttime is defined as the period 30 minutes after sunset until 30 minutes before sunrise.)"

http://www.self-defender.net/law3.htm

Answer 5

You can try and twist anything-- as you've seen with the pro-illegals. I'm for sure that if you did in fact shoot an illegal, more illegals would complain, and you'd go down for it.

Just shows you how much the United States really cares about it's citizens. And.. how much they're really interested in enforcing the law.

--Rob

Answer 6

You don't live in Texas ,do you?There is a law here that states if you enter a persons property after dark you can shoot them,to defend your property.That was made a law (back in the day) to defend against cattle theifs.

Answer 7

Do they? Can you post it?

Two Border Patrol agents are facing 20 years it would be interesting to compare states.

Answer 8

You forgot to add in the cover of darkness defending your property if your going to make a statement do it correctly. YOUR PERSONAL PROPERTY.

Thank you sashie Texas has a bad enough reputation

Answer 9

Good Bye Louisiana
Hello Texas
I'll do my part to keep America beautiful.

Answer 10

I don't believe Texas has such a law!

The way I understand it, you cannot shoot someone who is fleeing, its called murder...If they are attacking you, thats a different story, its called self defense....

What are you asking anyways? Why don't we just have sharp shooters posted along the border, would that make you happy?!