Texas-Book-Gun Law Armed And Educated - Flipbook - Page 204
PRACTICAL
LEGAL TIP
Beware! Using deadly force
against a dog or cat that is only
digging into your flowerbed,
trespassing, or getting into your
garbage is not justified, even
under the doctrine of necessity.
—Edwin
C. Lions and tigers in Texas: “dangerous wild animals”
Frankly, it’s amazing that there’s a law specifically protecting you
from prosecution in the event you need to kill a caracal—which
is a wild cat found primarily in Africa, Asia, and India—but
not one which would protect you from an attacking dog in your
neighborhood. Nevertheless, Texas Penal Code Section 42.092(d)(1)
makes that the case.
DEFENSE FOR CRUELTY TO ANIMALS; DANGEROUS WILD ANIMAL
TEX. PENAL CODE § 42.092(d)(1)
It is a defense to prosecution under this section that the actor
had a reasonable fear of bodily injury to the actor or to another
person by a dangerous wild animal as defined by Section
822.101, Health and Safety Code.
The dangerous wild animals referenced in this section only include:
a lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, bobcat, lynx,
serval, caracal, hyena, bear, coyote, jackal, baboon, chimpanzee,
orangutan, gorilla, or any hybrid of one of the animals listed here.
If the animal is not on the list, it is not covered.
When Can I Legally Use My Gun: Part III | 193
