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Old 07-16-2007, 03:38 PM   #121
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Old 07-16-2007, 03:40 PM   #122
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Quote:
Originally Posted by JETG
I dont give a were you have your back ground. I would agree it is not a smart idea to shoot anyone, unless you feel threatned with you life. Even in the dark, but the law is the law. Believe me I might just know a thing or two also. What does real estate have to do with it, your the one with the smart a$$ mouth.
You just said you would shoot me for playing in your yard. If i am just playing you shouldnt feel threatened. And the LAW HAS CHANGED!! How many times do i have to say that.

Its all fun and games till you find out the hard way. With an inmate wenier up your .
And then its still fun and games for me. Mainly because I will be playing in your yard.
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Old 07-16-2007, 03:54 PM   #123
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Two words... Castle Doctrine. Look it up, it just passed in TX.
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Old 07-16-2007, 04:00 PM   #124
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Quote:
Originally Posted by JETG
Deadly Force to Protect Property

"A person is justified in using deadly force against another to protect his property to the degree he reasonably believes the force is immediately necessary to prevent the other's imminent commission of arson, burglary, robbery, theft during the nighttime or criminal mischief during the nighttime, and he reasonably believes that the property cannot be protected by any other means."

"A person is justified in using deadly force against another to pervent the other who is fleeing after committing burglary, robbery, or theft during the nighttime, from escaping with the property and he reasonable believes that the property cannot be recovered by any other means; or, the use of force other than deadly force to protect or recover the property would expose him or another to a substantial risk of death or serious bodily injury. (Nighttime is defined as the period 30 minutes after sunset until 30 minutes before sunrise.)"
Thanks for proving my point. Simply being on property is not enough to shoot someone. Here is the definition of CRIMINAL MISCHIEF.




28.03. CRIMINAL MISCHIEF. (a) A person commits an
offense if, without the effective consent of the owner:
(1) he intentionally or knowingly damages or destroys
the tangible property of the owner;
(2) he intentionally or knowingly tampers with the
tangible property of the owner and causes pecuniary loss or
substantial inconvenience to the owner or a third person; or
(3) he intentionally or knowingly makes markings,
including inscriptions, slogans, drawings, or paintings, on the
tangible property of the owner.


AGAIN. Nowhere does it talk about just being on the property. And it is up to you to prove that someone was tearing up.
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Old 07-16-2007, 04:05 PM   #125
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haha good luck with all that!
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Old 07-16-2007, 04:08 PM   #126
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You funkin tard. Thats what the whole debate has been about. You can shoot someone if they are in your house. You are just grasping for straws now man.
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Old 07-16-2007, 04:10 PM   #127
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Old 07-16-2007, 04:12 PM   #128
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Quote:
Originally Posted by JETG
Wrong, it is not an old and outdated law. In the dark if someone is in your back yard, you can shoot them LEGALLY.

J

ps this is an very old thread
Your words, not mine.

You just Pwned yourself.
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Old 07-16-2007, 04:15 PM   #129
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There is no difference in the letter of the law as to which side of the yard you can or can not get shot in. PROPERTY is the word. Not FRONT or BACK yard.
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Old 07-16-2007, 04:17 PM   #130
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And poking in the window is different from just being in the back yard. You keep trying to add to your arguement to make it right.
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Old 07-16-2007, 04:19 PM   #131
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dang, i opened this thread expecting to find something about catching thieves.... instead i find 2 ppl fighting......... chill out, this isnt the place for that , just aint right
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Old 07-16-2007, 04:22 PM   #132
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And you cant just shoot them. They have to be doing something DESTRUCTIVE to your property.


PS This is Castle Doctrine.

http://en.wikipedia.org/wiki/Castle_Doctrine
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Old 07-16-2007, 04:24 PM   #133
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Jet save your typing for another day....you're wasting your time arguing on here...some get it, some don't....and who cares anyhow? You really want to shoot someone?
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Old 07-16-2007, 04:27 PM   #134
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Old 07-16-2007, 04:27 PM   #135
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Quote:
Originally Posted by JETG
My son you are correct, sit there and believe what BS you spit out and be a dumbass all your life. Maybe some day you will grasp that there is a difference between the back and front yard, you might be able to see the day of light and know that there is a dark and light side of the day.

J

The law does not say that you are allowed to shoot someone just because they are in your back yard after dark.
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Old 07-16-2007, 05:06 PM   #136
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Here are 2 basic examples of protection of property:

1. A farmer protecting his only truck, used for supplies for the working farm, which, if missing even for a few days, would destroy is livelihood. Deadly force used and Grand Jury did not indict.

2. Houston Football player see a suspicious individual in his apartment parking lot. Calls police, then goes down to investigate. Thief breaks into his car to steal the radio. He shoots and kill thief. Police arrive 90 seconds after call, just as he fires (he can hear/see sirens). Jury finds him guilty of Manslaughter.

That being said, these are outdoor situation. In doors, inside your house, the situation is quite different.



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.

Acts 1973, 63rd Leg., p. 883, ch. 399, 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, 1.01, eff. Sept. 1,
1994.


Standing in the back yard is not crime punishable by death.
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Old 07-16-2007, 05:14 PM   #137
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CHAPTER 43. PUBLIC INDECENCY

SUBCHAPTER B. OBSCENITY

? 43.21. Definitions

(a) In this subchapter:

(1) "Obscene" means material or a performance that:

(A) the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in ;

(7) "Obscene device" means a device including a or artificial , designed or marketed as useful primarily for the stimulation of human genital organs.

(f) A person who possesses six or more obscene devices or identical or similar obscene articles is presumed to possess them with intent to promote the same

(b) An offense under Subsection (a) is a state jail felony.
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Old 07-16-2007, 05:14 PM   #138
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Quote:
Originally Posted by Blue91
Two words... Castle Doctrine. Look it up, it just passed in TX.
Once again.

http://www.capitol.state.tx.us/BillL...80R&Bill=SB378
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Last edited by Blue91; 07-16-2007 at 05:20 PM.
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Old 07-16-2007, 05:20 PM   #139
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Give it a rest. You can shoot anyone on your property.














































Just make sure the trespasser has a knife in his hand and that he could not tell his side of the story.:laughing6
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Old 07-16-2007, 05:30 PM   #140
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Castle Doctrine does not apply to outside ones home or car.

Castle Doctrine refers to a legal concept derived from English Common Law as it is presently applied in sections of the United States of America. It designates one's home (or any place legally occupied, such as one's car or place of work) as a place in which one enjoys protections from both prying and violent attack. In the United States, "Duty to Retreat" can sometimes impose an obligation to retreat before using force to defend oneself. The Castle Doctrine provides for an exception to this duty. Provided one is attacked in their own home, vehicle, or place of business, in jurisdictions where 'castle laws' are in force, one may stand their ground against an assailant without fear of prosecution.


Senate Bill 378 amends provisions of the Penal Code and the Code of Criminal Procedure relating to the use of force or deadly force in defense of a person. The bill creates a presumption of reasonableness for the belief of a person who takes such action that the use of force or deadly force to protect the actor was immediately necessary and provides that the presumption would be reasonable if the actor:

1) knew or had reason to believe that the person against whom the force or deadly force was used unlawfully and with force entered, or attempted to enter, the actor's home, vehicle, or place of business or employment; unlawfully and with force removed, or attempted to remove, the actor from the home, vehicle, or place of business or employment; or was committing or attempting to commit certain serious crimes;

2) did not provoke the person against whom the force or deadly force was used; and

3) was not otherwise engaged in certain criminal activity at the time the force or deadly force was used.

The bill provides that an actor who has a right to be present at the location where the force or deadly force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at that time is not required to retreat before using force or deadly force.

Senate Bill 378 also provides immunity from civil liability for a personal injury or death resulting from the use of force or deadly force to a defendant who was justified under the law in using such force or deadly force.


Has nothing to do with outside in the yard.
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