• tal@lemmy.today
    link
    fedilink
    English
    arrow-up
    0
    ·
    1 day ago

    A Florida man ran down and pinned an 11-year-old girl he suspected of egging his home in a “reprehensible” confrontation that was caught on video, authorities said Monday.

    In Texas, it’s legal to shoot someone egging your house, as long as they’re doing it at night and you have a reasonable belief that you can’t otherwise safely stop them. Egging a house is criminal mischief.

    https://codes.findlaw.com/tx/penal-code/penal-sect-9-42/

    Texas Penal Code - PENAL § 9.42. Deadly Force to Protect Property

    Current as of January 01, 2024 | Updated by FindLaw Staff

    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.

    • MisanthropiCynic@lemm.ee
      link
      fedilink
      English
      arrow-up
      0
      ·
      2 hours ago

      It’s bullshit the laws only count at night. It should be legal in the daytime too.

      If someone steals from you it’s literally legal to chase them down and shoot them to recover your property

      Best law in the nation in that regard

    • LifeInMultipleChoice@lemmy.dbzer0.com
      link
      fedilink
      English
      arrow-up
      0
      ·
      1 day ago

      AND the land cannot be protected by any other means or is considered a substantial risk of serious bodily injury to the person shooting them.

      Firmly believe every judge would rule an 11 year old with eggs does not fulfill those requirements and therefore would likely be charged with manslaughter of some sort.

      Now… If they set foot inside their house, that might be a different story. Eggs I don’t think would be considered breaking into a house/vehicle/property

          • Buffalox@lemmy.world
            link
            fedilink
            arrow-up
            0
            ·
            edit-2
            2 hours ago

            As the sun began to rise, Meyer looked outside and saw what he thought was a black bag in the park.

            Shot in the neck outside his property. Is neither self defense or defense of property.
            Leaving the guy dying afterwards without calling an ambulance is also neglect of his responsibility.
            Even if it was inside his house, you can’t just leave somebody to die if they have been incapacitated.
            He simply completely lacked plausible deniability of any kind. So I don’t get what your point is.

      • Zaktor@sopuli.xyz
        link
        fedilink
        English
        arrow-up
        0
        ·
        1 day ago

        Can’t tell at night. Could be a short MS-13 member with a gun who’s egging the house. Even if you see they’re an 11 year old girl, she could also be a MS-13 super soldier.