> Texas law allows you to use deadly force to protect property if you would be justified in using force, and you reasonably believe it is immediately necessary to prevent the imminent commission of specific enumerated property crimes. These are arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime.
> 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 can’t see a catalytic converter theft on a car parked on the street as burglary. Parked in a (private) garage? Yes, burglary. Parked on the street? No.
So, daytime theft of a converter from a car parked outside wouldn’t qualify I don’t think.
If you sleep in the car it will qualify no matter where you're parked. This also appears to be true of an RV or any vehicle that clearly accommodates sleeping.
For reference:
"Burglary" under the Texas penal code is defined by entering a habitation or any portion of a building that is not open to the public, either with the intent to commit a crime, or when followed by the actual commission of, or the attempt to commit, a crime.
"Robbery" is theft in which the thief causes an injury to someone else. (Or intentionally threatens to do so.)
"Theft" is what it sounds like.
Most notably burglary need not include any element of theft. I feel like it's a mistake for the legal code to distinguish between what are fully interchangeable terms in the language the code is supposedly written in.
On topic for this particular comment, "habitation" is specifically defined to include vehicles "adapted for the overnight accommodation of persons".
>I feel like it's a mistake for the legal code to distinguish between what are fully interchangeable terms in the language the code is supposedly written in.
They're not at all fully interchangeable, just many Americans have a poor grasp of the English language.
English is not some objective, natural thing which exists outside of its usage by people. English is only how it's used by people.
I would wager that for the majority English speakers, the words "theft", "robbery", and (to a lesser degree) "burglary" or more or less fully interchangeable.
They may not be interchangeable in law, but the usage of English in law is famously not always in line with common usage, which is why we have "legalese" which many completely fluent and native English speakers may have trouble understanding without specialized legal training.
I have a friend who came out of his house to shoot and kill a guy who was inside his car attempting to steal it. Friend was literally a local celebrity for months.
> I feel like it's a mistake for the legal code to distinguish between what are fully interchangeable terms in the language the code is supposedly written in.
I’ve thought about this too. They often vary from state to state as well. But the alternative would be to create new legal terms, which would be more confusing, or use just use numbers, which would be hard for laypeople to discuss.
> But the alternative would be to create new legal terms, which would be more confusing, or use just use numbers, which would be hard for laypeople to discuss.
Well, compare homicide, which in popular culture is divided into "murder in the first degree", "murder in the second degree", and "murder in the third degree" alternately known as "manslaughter".
It's not clear to me whether you consider those "new legal terms" or "just using numbers", since in my eyes they are terms invented for the purpose of the law, distinguished from each other by numbers.
But they appear to be superior to the division between "burglary", "robbery", and "theft" either way. They have no preexisting meaning (unlike "burglary" and "robbery", which are used in spite of existing contradictory meaning) and they cause no difficulties in discussing the crimes, which we can be certain of because these terms already exist and people discuss them all the time.
In the Texas penal code, homicide is actually divided into "murder", "capital murder", "manslaughter", and "criminally negligent homicide".
These are clearly "new terms" rather than "numbers". They seem pretty straightforward: "murder" is defined in harmony with its natural English-language meaning. "Capital murder" is a variety of murder that allows for capital punishment. "Manslaughter" is homicide caused recklessly rather than intentionally, and is in harmony with the popular understanding of the word "manslaughter". And "criminally negligent homicide" is homicide caused negligently rather than intentionally, and that's also in harmony with the normal construction of noun phrases in English.
If we were instead to give those four categories names that nobody without special training was even capable of distinguishing from one another -- as Texas has already done for "burglary", "robbery", and "theft" -- what would improve? I submit that that would make some things worse while making nothing better.
Compare also the popular-culture division between "assault" and "assault with a deadly weapon". What would giving those two crimes synonymous names accomplish?
First degree, etc. murder isn’t just a pop culture distinction. It’s in the law in various states, notably New York, from where it’s found its way into TV cop shows.
No, the driveway wouldn't count. Texas doesn't define burglary by property boundaries; you have to enter a "building" or a "habitation", and a habitation must be a "structure" or a "vehicle".
Are you sure that doesn't qualify on the basis that it is the curtilage of your home? Often this counts as "in your dwelling" because it's in your private space that immediately accompanies the dwelling.
Yes, I think so. I doubt a court would interpret that as being reasonable use of force though. In English common-law it's not just the wording of the laws that matter, one must also look at how the courts have interpreted and applied them.
The alternative would be completely incoherent. If it's OK to prevent theft, the appropriation of property, it must also be OK to prevent criminal mischief, which is the destruction of property.
Note that the harm to the victim is identical in both cases, except that in the case of theft, recovery may be possible.
That’s not a useful definition in a democracy. Who gets to define what’s justified if not the duly elected legislature? I bet if you put the current Texas law on the ballot today you’d get the same answer.
In this case Texas defines "criminal mischief" in three clauses, and separately defines circumstances under which it constitutes a felony. Felony mischief is largely but not exclusively defined by the amount of pecuniary loss.
The first two clauses are destroying property and damaging property in a way that causes pecuniary loss to anyone.
The third clause is making marks on property. This seems like it would always be included under "damaging property in a way that causes pecuniary loss", so I would guess it's there to make it completely explicit that graffiti counts as criminal mischief.
The quoted section of the penal code does not appear to apply any restrictions to the specific variety of criminal mischief that justifies deadly force (other than that it occurs at night).
For something like graffiti where the general sentiment is that deadly force shouldn't be considered justified, I could see an argument that the use of deadly force violates §9.42(3)(A), which requires the person using deadly force to reasonably believe that the land or property in question "cannot be protected or recovered by any other means". If we view both verbs as applying to criminal mischief, you could make the argument that when you catch someone spraying graffiti on a wall on your property, your property can be recovered, though not protected, by e.g. repainting the wall.
The counterargument might be that "recovered" is in there as the appropriate verb for cases of theft, and "protected" is in there for cases of mischief.
I don't think restricting §9.42 to felony mischief would be an improvement to the law; it's difficult to know whether criminal mischief is or isn't a felony until you've tried to recover from it and learned how much that will cost. If you catch someone keying your car, for example, that probably is a felony, but as far as social impact I would rate it similarly to graffiti.
Deadly force can be lawful in Germany as well, reading Texas law I wonder which nuances of the laws make the biggest difference (assuming there's one).
Could also be that the difference comes from owning land works differently in Germany (because it's much more densely populated) and of course owning anything except small guns is completely forbidden.
people freqently conflate Stand Your Ground vs Duty to Retreat... with the entire rest of the debate.
I'm trying to keep this neutral, so I'm using a rather cut and dry example: Somebody kicks in your door with a pump action and starts shooting- There are _some_ jurisdictions that require you to try and flee. You kill them and they werent bodily blocking your car in? Murder charge. investigation finds a sabatoged engine? Doesn't matter.
Stand Your Ground assumes reasonableness and codifies leaveing the fight or flee decision up to the individual.
Your example isn't quite as cut-and-dry because in a lot of cases that's going to involve the Castle Doctrine as well, and "starts shooting" means there is an actual danger merely than a perceived potential danger.
Counter-example: You're walking on the streets, at night, in the "bad part" of town. Someone walks towards you with their hands in their pockets, and their head covered with a hoodie. They say "Hey, what are you doing here?". You perceive this to be a threatening situation and fear for your life. Are you supposed to: a) pull out your gun and shoot them, or b) run away?
Some proponents of Stand Your Ground would say that option A is perfectly fine, some proponents of Duty To Retreat would say that you must attempt option B first, and fall back to option A only as a last resort.
It seems I may have misremembered my example and inadvertantly made duty to retreat appear worse than it is. However- it was meant to highlight the positons both sides and it holds correct enough for thst still.
> Somebody kicks in your door with a pump action and starts shooting- There are _some_ jurisdictions that require you to try and flee. You kill them and they werent bodily blocking your car in? Murder charge.
Which jurisdictions? Is this in the US? I’ve lived in a bunch of European countries and in none would you be charged with murder in that situation.
If someone comes through your home door guns akimbo in the US, blasting back is fine
US Supreme court has often leaned heavily on right to protect self in one's own home in ruling against local and state laws that might ban ridiculous things.
Germany has had some weird court decisions in that regard, in general the law does say flee and not shoot back if this is an option. But mostly courts are reasonable and do not punish the victim. Only if the victim decides to use violence after the threat is over
But there was even a case, where a hells angel shot a police officer in his home who were doing a raid - and got free (because they did not identify themself as police).
The law says your are allowed to stand your ground. You don't have to flee.
> But there was even a case,
I don't know the details of the case, but if somebody thought some criminals are raiding his house with guns and it's reasonable the he thought that, then he's fully within his rights to defend himself and, depending on the necessities, by shooting at them.
> Allerdings gilt besonders hier der Grundsatz, dass das Unrecht dem Recht nicht zu weichen braucht. Man darf sich zur Wehr setzten und muss nicht flüchten.
Translation:
> However, the principle that wrongdoing need not give way to what is right applies here in particular. One is allowed to defend oneself and is not required to flee.
I believe that's pretty common and a sane approach.
Examples? Maybe it’s true but I’d be surprised. Like I said from experience of living under a number of jurisdictions, none will charge a person with murder in those circumstances. Everywhere I’ve lived, if your life is directly threatened like that, you are absolutely allowed to defend yourself with violence commensurate with the threat.
They may have been confusing or deliberately conflating things with the fact that in most western jurisdictions, you are not allowed to kill, for example, a fleeing trespasser or burglar. This is viewed as an entirely different situation from one where you are being threatened directly with immediate physical violence.
"Anthony Edward Martin was an English farmer who shot two burglars in his home [...] was convicted of murder, which was later reduced to manslaughter on grounds of diminished responsibility"
Only when threatened and self-defense has to be proportionate. If someone attacks you with a knife you would not be allowed to defend yourself with a firearm if you had one.
This is very different from the law in Texas, where, from what I understand, if you catch someone in the night stealing you could just kill them even if they never threatend you.
> Only when threatened and self-defense has to be proportionate. If someone attacks you with a knife you would not be allowed to defend yourself with a firearm if you had one.
Being attacked with a knife means your life is being threatened and using a firearm would be legal even in Germany. The response has to be proportionate to the threat on life or limb not the size of the weapon.
[−]austin-cheney · 2026-08-30 Sun 11:07 UTC ·
link
Search for Texas castle doctrine. The intention is to provide extreme deterrence against home invasion crimes. The liability for shooting a person, for any reason, in Texas outside the home is much greater.
About Germany, §32 StGB doesn't require proportionality, the test is "Erforderlichkeit" or "necessity". So if you only have a gun and get attacked by a knife, you don't have to "make things even".
Of course, if someone is simply stealing a Catalytic Converter you can't really shoot them, as it's a bit much... you can point a gun at them, and possibly even shoot the air, that's easier to argue as self-defence. If they threaten you back, the situation changes.
The problem is having a gun in the outside, in Germany, good luck with that... of course, if it's someone stealing something inside your house, it becomes a home invasion, which is a completely different thing than someone stealing your property on the street.
It's way more nuanced than Texas, which has a bit more clear cut law.
> in Texas, where, from what I understand, if you catch someone in the night stealing you could just kill them even if they never threatend you.
It's worth pointing out that night is doing some of the work in this statement. Texas is unusual, as far as I know, that darkness makes a big difference in how self-defense and danger are viewed. It kinda makes sense, because in the dark, the would-be victim is less able to fully and accurately assess the situation. So Texans need to be aware that their actions may be interpreted more harshly in the dark.
First off- Texas has an explicit law making copper and catalytic converter theft a "Jail felony"- but if you break any other laws on the way, it's upgraded to a class 3 felony. See: https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE... And. if you really want to play cops and robbers, a personally witnessed jail felony seems to be enough for a citzen's arrest.
Second: "(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." - YOU HAVE TO BE AFRAID FOR YOUR LIFE Texas gives citizens enourmous latitude in these matters, but it's not carte blanche for murder.
The Uvalde police department exhibited both cowardice and incompetence, but can we stop pretending they are representative of cops everywhere?
Just a year later during the mall shooting in Allen Texas, cops took down the white supremacist, neo-nazi perpetrator in under 5 minutes, probably saving at least a co couple dozen lives (he’d already killed 9). You can watch the bodycam footage from that event if there’s any doubt
links to https://www.uslawshield.com/defend-property-texas/
> Texas law allows you to use deadly force to protect property if you would be justified in using force, and you reasonably believe it is immediately necessary to prevent the imminent commission of specific enumerated property crimes. These are arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime.
I'd think that'd qualify.
https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE...
> 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.
So, daytime theft of a converter from a car parked outside wouldn’t qualify I don’t think.
For reference:
"Burglary" under the Texas penal code is defined by entering a habitation or any portion of a building that is not open to the public, either with the intent to commit a crime, or when followed by the actual commission of, or the attempt to commit, a crime.
"Robbery" is theft in which the thief causes an injury to someone else. (Or intentionally threatens to do so.)
"Theft" is what it sounds like.
Most notably burglary need not include any element of theft. I feel like it's a mistake for the legal code to distinguish between what are fully interchangeable terms in the language the code is supposedly written in.
On topic for this particular comment, "habitation" is specifically defined to include vehicles "adapted for the overnight accommodation of persons".
https://www.youtube.com/watch?v=VEdaQcq4w88
They're not at all fully interchangeable, just many Americans have a poor grasp of the English language.
If you'd like it packaged in something that looks authoritative, you might consider the following definitions from Merriam-Webster:
burgle: to commit robbery
rob: to take away as loot : steal
thieve: steal, rob
I would wager that for the majority English speakers, the words "theft", "robbery", and (to a lesser degree) "burglary" or more or less fully interchangeable.
They may not be interchangeable in law, but the usage of English in law is famously not always in line with common usage, which is why we have "legalese" which many completely fluent and native English speakers may have trouble understanding without specialized legal training.
(Did this happen in Texas?)
I’ve thought about this too. They often vary from state to state as well. But the alternative would be to create new legal terms, which would be more confusing, or use just use numbers, which would be hard for laypeople to discuss.
Well, compare homicide, which in popular culture is divided into "murder in the first degree", "murder in the second degree", and "murder in the third degree" alternately known as "manslaughter".
It's not clear to me whether you consider those "new legal terms" or "just using numbers", since in my eyes they are terms invented for the purpose of the law, distinguished from each other by numbers.
But they appear to be superior to the division between "burglary", "robbery", and "theft" either way. They have no preexisting meaning (unlike "burglary" and "robbery", which are used in spite of existing contradictory meaning) and they cause no difficulties in discussing the crimes, which we can be certain of because these terms already exist and people discuss them all the time.
In the Texas penal code, homicide is actually divided into "murder", "capital murder", "manslaughter", and "criminally negligent homicide".
These are clearly "new terms" rather than "numbers". They seem pretty straightforward: "murder" is defined in harmony with its natural English-language meaning. "Capital murder" is a variety of murder that allows for capital punishment. "Manslaughter" is homicide caused recklessly rather than intentionally, and is in harmony with the popular understanding of the word "manslaughter". And "criminally negligent homicide" is homicide caused negligently rather than intentionally, and that's also in harmony with the normal construction of noun phrases in English.
If we were instead to give those four categories names that nobody without special training was even capable of distinguishing from one another -- as Texas has already done for "burglary", "robbery", and "theft" -- what would improve? I submit that that would make some things worse while making nothing better.
Compare also the popular-culture division between "assault" and "assault with a deadly weapon". What would giving those two crimes synonymous names accomplish?
New York also has five degrees of arson: https://ypdcrime.com/penal.law/article150.php
Is this true in any context other than a potential fourth amendment violation by an agent of the state?
> theft during the nighttime, or criminal mischief during the nighttime.
Seems like that qualifies
Note that the harm to the victim is identical in both cases, except that in the case of theft, recovery may be possible.
You expect pigs to defend you?
You can't have a functioning democracy if it's impossible to criticise the current setup. This is the whole idea behind newspeak [1]
[1] https://en.wikipedia.org/wiki/Newspeak
Unjust according to whom? Wouldn't it be better to just make our premises explicit?
Mischief is typically a serious crime; the legal and common uses of the word are different and confusing.
But I don't think Texas is restricting this to the more serious felony mischief here.
The first two clauses are destroying property and damaging property in a way that causes pecuniary loss to anyone.
The third clause is making marks on property. This seems like it would always be included under "damaging property in a way that causes pecuniary loss", so I would guess it's there to make it completely explicit that graffiti counts as criminal mischief.
The quoted section of the penal code does not appear to apply any restrictions to the specific variety of criminal mischief that justifies deadly force (other than that it occurs at night).
For something like graffiti where the general sentiment is that deadly force shouldn't be considered justified, I could see an argument that the use of deadly force violates §9.42(3)(A), which requires the person using deadly force to reasonably believe that the land or property in question "cannot be protected or recovered by any other means". If we view both verbs as applying to criminal mischief, you could make the argument that when you catch someone spraying graffiti on a wall on your property, your property can be recovered, though not protected, by e.g. repainting the wall.
The counterargument might be that "recovered" is in there as the appropriate verb for cases of theft, and "protected" is in there for cases of mischief.
I don't think restricting §9.42 to felony mischief would be an improvement to the law; it's difficult to know whether criminal mischief is or isn't a felony until you've tried to recover from it and learned how much that will cost. If you catch someone keying your car, for example, that probably is a felony, but as far as social impact I would rate it similarly to graffiti.
Could also be that the difference comes from owning land works differently in Germany (because it's much more densely populated) and of course owning anything except small guns is completely forbidden.
I'm trying to keep this neutral, so I'm using a rather cut and dry example: Somebody kicks in your door with a pump action and starts shooting- There are _some_ jurisdictions that require you to try and flee. You kill them and they werent bodily blocking your car in? Murder charge. investigation finds a sabatoged engine? Doesn't matter.
Stand Your Ground assumes reasonableness and codifies leaveing the fight or flee decision up to the individual.
Ultimately- you're going to have PTSD either way.
Counter-example: You're walking on the streets, at night, in the "bad part" of town. Someone walks towards you with their hands in their pockets, and their head covered with a hoodie. They say "Hey, what are you doing here?". You perceive this to be a threatening situation and fear for your life. Are you supposed to: a) pull out your gun and shoot them, or b) run away?
Some proponents of Stand Your Ground would say that option A is perfectly fine, some proponents of Duty To Retreat would say that you must attempt option B first, and fall back to option A only as a last resort.
Which jurisdictions? Is this in the US? I’ve lived in a bunch of European countries and in none would you be charged with murder in that situation.
If someone comes through your home door guns akimbo in the US, blasting back is fine
US Supreme court has often leaned heavily on right to protect self in one's own home in ruling against local and state laws that might ban ridiculous things.
Unless that someone is a cop, of course.
https://www.hrr-strafrecht.de/3/15/3-199-15.php
But there was even a case, where a hells angel shot a police officer in his home who were doing a raid - and got free (because they did not identify themself as police).
https://www.lto.de/recht/hintergruende/h/bgh-spricht-hells-a...
> But there was even a case,
I don't know the details of the case, but if somebody thought some criminals are raiding his house with guns and it's reasonable the he thought that, then he's fully within his rights to defend himself and, depending on the necessities, by shooting at them.
Still terrible what happened, of course.
No it does not in germany (and I think most other states of the world).
If fleeing is a safe option - this is what you have to do instead of shooting. Reality just seldom is so clear.
> Allerdings gilt besonders hier der Grundsatz, dass das Unrecht dem Recht nicht zu weichen braucht. Man darf sich zur Wehr setzten und muss nicht flüchten.
Translation: > However, the principle that wrongdoing need not give way to what is right applies here in particular. One is allowed to defend oneself and is not required to flee.
I believe that's pretty common and a sane approach.
Local news say otherwise
They make money reporting what people want to read and that's not necessary what's true.
They may have been confusing or deliberately conflating things with the fact that in most western jurisdictions, you are not allowed to kill, for example, a fleeing trespasser or burglar. This is viewed as an entirely different situation from one where you are being threatened directly with immediate physical violence.
Presumably not the UK?
https://en.wikipedia.org/wiki/Tony_Martin_(farmer)
"Anthony Edward Martin was an English farmer who shot two burglars in his home [...] was convicted of murder, which was later reduced to manslaughter on grounds of diminished responsibility"
This is very different from the law in Texas, where, from what I understand, if you catch someone in the night stealing you could just kill them even if they never threatend you.
Being attacked with a knife means your life is being threatened and using a firearm would be legal even in Germany. The response has to be proportionate to the threat on life or limb not the size of the weapon.
Of course, if someone is simply stealing a Catalytic Converter you can't really shoot them, as it's a bit much... you can point a gun at them, and possibly even shoot the air, that's easier to argue as self-defence. If they threaten you back, the situation changes.
The problem is having a gun in the outside, in Germany, good luck with that... of course, if it's someone stealing something inside your house, it becomes a home invasion, which is a completely different thing than someone stealing your property on the street.
It's way more nuanced than Texas, which has a bit more clear cut law.
It's worth pointing out that night is doing some of the work in this statement. Texas is unusual, as far as I know, that darkness makes a big difference in how self-defense and danger are viewed. It kinda makes sense, because in the dark, the would-be victim is less able to fully and accurately assess the situation. So Texans need to be aware that their actions may be interpreted more harshly in the dark.
Second: "(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." - YOU HAVE TO BE AFRAID FOR YOUR LIFE Texas gives citizens enourmous latitude in these matters, but it's not carte blanche for murder.
That reasonably covers pretty much all cases, especially in a state where lots of people have guns.
Just a year later during the mall shooting in Allen Texas, cops took down the white supremacist, neo-nazi perpetrator in under 5 minutes, probably saving at least a co couple dozen lives (he’d already killed 9). You can watch the bodycam footage from that event if there’s any doubt
https://youtu.be/LWvKT5fHa0U
"Here's another outlier anecdote!"