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To: beaversmom
NO WE DID NOT GET OUR HOME BACK IN 48 HRS. This is an outrage !!!

I doubt the invaders would try this in Texas. They obviously are trespassers, and have been there "in the night-time". The owner should return at night -- with a good battering ram, if needed, and other appropriate hardware.

When is a landowner allowed to shoot at a trespasser? According to Section 9.42 of the Texas Penal Code, a landowner can shoot at or use other deadly force against a trespasser if the landowner reasonably believes the land or property cannot be protected or recovered by any other means, or that the landowner himself would be exposed to substantial risk of death or serious bodily injury if the landowner does not use deadly force. A landowner can also shoot at or use other deadly force against a trespasser if the force is immediately necessary to prevent the trespasser's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime or criminal mischief during the nighttime; or to prevent the trespasser who is fleeing immediately after committing one of those acts from escaping with the property. "Criminal mischief" includes "knowingly or intentionally damaging or destroying, tampering with or marking, inscribing slogans, drawing or painting on tangible property " of the property owner.

Doors can be repaired and blood cleaned off of floors. But, at least, the owner would have their doors and floors back.

21 posted on 07/18/2012 6:55:57 AM PDT by TXnMA ("Allah": Satan's current alias...)
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To: TXnMA

Nice. I know we have the “Make My Day Law” here in CO. Not sure how it works out if you are not in the home and the trespasser are.


22 posted on 07/18/2012 6:59:58 AM PDT by beaversmom
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