They need to just make it legal to kill on sight when anyone is caught stealing your stuff like it used to be 150 years ago.
You have that right in TX. Texas penal code contains an unusual provision that grants citizens the right to use deadly force to prevent someone “who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft from escaping with the property".
Did they change the part about "during the night time"?
I get the point, but I'm talking about where the sheriff used to come out and talk to you, you tell him what happened and he says "well I guess they won't be doing that anymore"
Not the part like it is now where Grandma gets interviewed by Shaun Rabb for the nightly news report and she says "But he was such a good boy, he didn't deserve to die like that. Then the local DA decides to bring it to the grand jury, and they decide to make an example of this vigilante justice and you wind up taking a second mortgage out on your house to defend yourself in the criminal trial first and then in the civil trial after grandma and the rest of the family testify to a jury of
her peers how you've deprived all his different baby momma kids from their daddy who was such a goot boy and didn't deserve to die like that. That's the part i want to see changed.
There are a lot of other obstacles in using this as a defense. If you shoot someone fleeing the marina with your fishing tackle, even if at night, you may be exonerated but it is not going to be smooth sailing.
The weird thing is:
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; 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.
It is poorly written --- look how it seems have "nighttime" modify both "theft" and "criminal mischief" but not "burglary" --- always thought that was strange.