A Florida man ran down and pinned an 11-year-old girl he suspected of egging his home in a “reprehensible” confrontation that was caught on video, authorities said Monday.
In Texas, it’s legal to shoot someone egging your house, as long as they’re doing it at night and you have a reasonable belief that you can’t otherwise safely stop them. Egging a house is criminal mischief.
Texas Penal Code - PENAL § 9.42. Deadly Force to Protect Property
Current as of January 01, 2024 | Updated by FindLaw Staff
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.
EDIT: Also, where are all these people in Florida getting affordable eggs to egg with?
AND the land cannot be protected by any other means or is considered a substantial risk of serious bodily injury to the person shooting them.
Firmly believe every judge would rule an 11 year old with eggs does not fulfill those requirements and therefore would likely be charged with manslaughter of some sort.
Now… If they set foot inside their house, that might be a different story. Eggs I don’t think would be considered breaking into a house/vehicle/property
Can’t tell at night. Could be a short MS-13 member with a gun who’s egging the house. Even if you see they’re an 11 year old girl, she could also be a MS-13 super soldier.
In Texas, it’s legal to shoot someone egging your house, as long as they’re doing it at night and you have a reasonable belief that you can’t otherwise safely stop them. Egging a house is criminal mischief.
https://codes.findlaw.com/tx/penal-code/penal-sect-9-42/
EDIT: Also, where are all these people in Florida getting affordable eggs to egg with?
Eggs at Aldi in Florida are under $4.50.
9.42(2)(B)'s last word “and” makes it clear to satisfy the statue one must:
-Satisfy 9.41(1);
-Satisfy either 9.41(2)(A) OR 9.41(2)(B); AND
-Satisfy either 9.41(3)(A) OR 9.41(3)(B).
That reading effectively reads the final requirement out of the text or presumes some extreme fact pattern that was not mentioned.
AND the land cannot be protected by any other means or is considered a substantial risk of serious bodily injury to the person shooting them.
Firmly believe every judge would rule an 11 year old with eggs does not fulfill those requirements and therefore would likely be charged with manslaughter of some sort.
Now… If they set foot inside their house, that might be a different story. Eggs I don’t think would be considered breaking into a house/vehicle/property
I think you are only considering a WHITE 11 year old. And I think you are dead wrong.
Can’t tell at night. Could be a short MS-13 member with a gun who’s egging the house. Even if you see they’re an 11 year old girl, she could also be a MS-13 super soldier.
So they can shoot you in the back as you’re running away. got it.edit - See u/LifeInMultipleChoice comment
Yeah I’ve heard enough