From Texas Penal Code, section 9.31:UGA Lawdog wrote:No, that only applies in the states run by leftwing extremists. I remember a case where the guy shot THROUGH the door, killed the intruder trying to break in, and was not even charged.Nikki wrote:Just remember. Over 50% of the body must fall inside the door to support a reasonable self-defense claim.
Don't mess with Texas.Sec. 9.31. SELF-DEFENSE. (a) [ . . . .] a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment [ . . . .]
EDIT: Texas Penal Code section 9.32 (in part):
EDIT NUMBER 2: From Penal Code section 9.32:Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A) to protect the actor against the other's use or attempted use of unlawful deadly force; or
(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
Don't mess with Texas.(c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.
(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.
Pardner.