Keith B wrote:One of the issues is that burglary of an unoccupied motor vehicle is only a misdemeanor in Texas. So, unless you can prove that you were preventing the person breaking in from committing a felony, like stealing the vehicle, instead of just rummaging around for loose change, then you cannot use deadly force to prevent it.
I was differentiating between a daytime burlugary of property and "theft in the nighttime" which under sec 9.42 is justifiable use of deadly force.
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.
I still wouldn't do it and wouldn't recommend anyone else do it either. And I would think it would be difficult to convince a jury that your car or your CD collection couldn't have been replaced.