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- Apr 7, 2004
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Don't know where to put this....I think that we need a general outrage thread or something...
“As a police officer and police academy instructor, I am posting this as a public service announcement,” Ryan began. “In Texas, Criminal Mischief (Vandalism) is a crime. So, let’s say someone is defacing or destroying a monument or a statue, not that it happens, just a hypothetical. That would be Criminal Mischief under Texas Penal Code.”
Screenshot of Officer Ryan’s post before it was removed from Facebook
After studying the Texas Penal Code “Chapter 9.41,” Ryan explains that
a person “is justified” when they use deadly force when they think it is necessary to stop the other person interfering with the property. He goes on to explain that “Chapter 9.42” allows for the use of deadly force in the instance of “criminal mischief during the nighttime, citing the Texas Penal Code that goes as follows:
Sec. 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.
Texas Penal Code Chapter 9, which are the laws concerning the use of force and deadly force to protect yourself, someone else, your property, or someone else’s property (could be state, county or municipal property (the peoples). In Chapter 9 under defense of property it says:
Sec. 9.43. PROTECTION OF THIRD PERSON’S PROPERTY.
A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property;
Chapter 9.41 states: PROTECTION OF ONE’S OWN PROPERTY.
(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other’s trespass on the land or unlawful interference with the property (Criminal Mischief is unlawful interference with property).
Chapter 9.42 states: DEADLY FORCE TO PROTECT PROPERTY.
A person is justified in using deadly force against another to protect land or tangible, movable property:
(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 (Night time is 30 minutes after sunset until 30 minutes before sunrise).
“Bottom line, if someone is destroying a monument or statue that isn’t theirs, you can defend it by force during the day with deadly force at night. Just a little tip, from your Uncle Phil,” the police officer concluded.
“As a police officer and police academy instructor, I am posting this as a public service announcement,” Ryan began. “In Texas, Criminal Mischief (Vandalism) is a crime. So, let’s say someone is defacing or destroying a monument or a statue, not that it happens, just a hypothetical. That would be Criminal Mischief under Texas Penal Code.”
Screenshot of Officer Ryan’s post before it was removed from Facebook
After studying the Texas Penal Code “Chapter 9.41,” Ryan explains that
a person “is justified” when they use deadly force when they think it is necessary to stop the other person interfering with the property. He goes on to explain that “Chapter 9.42” allows for the use of deadly force in the instance of “criminal mischief during the nighttime, citing the Texas Penal Code that goes as follows:
Sec. 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.
Texas Penal Code Chapter 9, which are the laws concerning the use of force and deadly force to protect yourself, someone else, your property, or someone else’s property (could be state, county or municipal property (the peoples). In Chapter 9 under defense of property it says:
Sec. 9.43. PROTECTION OF THIRD PERSON’S PROPERTY.
A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property;
Chapter 9.41 states: PROTECTION OF ONE’S OWN PROPERTY.
(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other’s trespass on the land or unlawful interference with the property (Criminal Mischief is unlawful interference with property).
Chapter 9.42 states: DEADLY FORCE TO PROTECT PROPERTY.
A person is justified in using deadly force against another to protect land or tangible, movable property:
(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 (Night time is 30 minutes after sunset until 30 minutes before sunrise).
“Bottom line, if someone is destroying a monument or statue that isn’t theirs, you can defend it by force during the day with deadly force at night. Just a little tip, from your Uncle Phil,” the police officer concluded.
