6.06.2013

A Weird Statute Finally Gives Rise To A Bizarre Verdict In San Antonio


Texas law has always been bizarre when it comes to justifiably killing someone.

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 [meaning a person is
justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent . . .  unlawful interference with the property];  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;

Parts of that sound complicated, but it's really not. You can kill someone if you "reasonably believe" its necessary to prevent, among other things, theft at night.

So what if you hire a hooker off Craigslist, you give her $150 at night, and she leaves the room without, uh, rendering services. You follow her and she gets into a car to leave. Can you kill her to protect your $150?

Oh, my!