Some Texas Laws relating to looting...

The Volokh Conspiracy reminds us of some Texas laws that are pertinent to looters and those who would defend against them:

9.41. (a) A person . . . is justified in using force against another . . . to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the [person's] land or unlawful interference with the [person's] property.

(b) A person unlawfully dispossessed . . . by another is justified in using force against the other . . . to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession . . . .

9.42. [Deadly force may be used in the above situations] . . . to the degree [the actor] 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) [the actor] 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.

People can also use deadly force to protect others' property under similar circumstances, if they reasonably believe the target committed or is committing theft or attempted theft (9.43).

Again, I might advise Texans not to take advantage of their legal rights under these sections in some situations. But I would surely advise all Texans to remember that Texas property owners have those rights, and many have the reputation of being willing to use them.

And there is that odd "nighttime" added in to those laws. Does that mean after sunset, or does it include circumstances when the storm clouds are so heavy that the sun is blocked out and it's so dark that the street lights come on? After all, dark is dark.

tnx to Alphecca