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In Texas a person doesn't have to enter with force to commit burglary.

Sec. 30.02. BURGLARY. (a) A person commits an offense if, without the effective consent of the owner, the person:
(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
(b) For purposes of this section, "enter" means to intrude:
(1) any part of the body; or
(2) any physical object connected with the body.

boomerang wrote:In Texas a person doesn't have to enter with force to commit burglary.

Sec. 30.02. BURGLARY. (a) A person commits an offense if, without the effective consent of the owner, the person:
(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
(b) For purposes of this section, "enter" means to intrude:
(1) any part of the body; or
(2) any physical object connected with the body.

Fun one; DUI third and subsequent offenses are felonies. Three-time-loser-drunk runs his car into your living room. Can he be charged with burglary? He's still committing the felony DUI until he's fully stopped, so it looks to me like (a)(3) could apply.

I just thought of this because I remember hearing the above scenario on the scanner a while back. I didn't find out what he was ultimately charged with, but it's an interesting possibility if a prosecutor is feeling frisky.

boomerang wrote:In Texas a person doesn't have to enter with force to commit burglary.

True.

The above discussion was focused on "can you shoot burglars." The part of the penal code dealing with intruders in your habitation, vehicle, etc actually doesn't specify "burglary," it deals with "unlawful entry with force," which are among the traditional elements of burglary. Many of the legal outlines and presentations I wrote about above also mentioned that the legal definition of burglary has been broadened over the many years since English common law was formed, and that the "force element" was greatly reduced or dispensed with entirely in many states (as in Texas' case). The use of self-defense/defense of a third party against an intruder still has the element of "force" to it tho, altho as Srothstein notes, this is not a great burden to meet and probably gets little attention in Texas.

Roberts said the intruder's weapon turned out to be a BB gun.

Wouldn't that have been an assault BB gun?

wheelgun1958 wrote:

Roberts said the intruder's weapon turned out to be a BB gun.

Wouldn't that have been an assault BB gun?

Depends.. was it black and scary looking with 1913 Picatinny Rails?

Great information!!!

what about it's the backyard? if someone opens your backyard door and walks into your yard, it's a free target too?

dicion wrote:

wheelgun1958 wrote:

Roberts said the intruder's weapon turned out to be a BB gun.

Wouldn't that have been an assault BB gun?

Depends.. was it black and scary looking with 1913 Picatinny Rails?

Actually, if it takes more than 10 rd, it's an assault BB gun.

Stupid wrote:Great information!!!

what about it's the backyard? if someone opens your backyard door and walks into your yard, it's a free target too?

it is in my back yard , especially at night ...i pitty the fool ...

Stupid wrote:Great information!!!

what about it's the backyard? if someone opens your backyard door and walks into your yard, it's a free target too?

You mean like the gas company meter reader? Or more like your neighbor's kid getting her ball if it goes over the fence?

no , i keep mine locked with signs , so if they are back there , there is no reason.
of coarse i would see who it is before confronting .
my meter reader doesnt work nights.

It is very refreshing to see that the citizens are taking back the streets one house at a time, eventually the thugs will realize that they have chosen a very dangerous occupation

Salty1 wrote:It is very refreshing to see that the citizens are taking back the streets one house at a time, eventually the thugs will realize that they have chosen a very dangerous occupation

we need to make it to where the odds are against them .
not just worrying about getting caught , but worrying about making it out alive ..

Salty1 wrote:It is very refreshing to see that the citizens are taking back the streets one house at a time, eventually the thugs will realize that they have chosen a very dangerous occupation

Ok, I'll throw this twist into the mix...

Someone enters my home thru an unlocked door or window or some other access...

I observe this, (and determine it to be an unlawful entry) and instruct them to leave, and they do not comply...

At this point they have made no threatening move or action against me, I see no weapon either...They have also not attempted to obtain any personal property of mine as well...

Obviously, the next move is theirs...I am obviously prepared to deal with whatever they eventually do...

if i demanded they leave , and they dont , that seems threatening to me.
if possible ,
i would attempt to detain them until the police arrive .
but if they run and leave , i would let them go .
hopefully they would get the message to never come back .

if its at night , the game would be changed .
in Texas , night time significantly changes the justification of using deadly force
to protect you and your family in your own home .
IMO