Texas-Book-Gun Law Armed And Educated - Flipbook - Page 227
or building and actually commits or attempts to commit a felony,
theft, or assault. See Tex. Penal Code § 30.02.
C. Burglary of a Motor Vehicle
When a person breaks into or enters a vehicle or any part of a
vehicle without the effective consent of the owner and with the
intent to commit any felony or theft. See Tex. Penal Code § 30.04.
D. Burglary of a Coin-Operated Machine
When a person breaks or enters into any coin-operated machine,
coin collection machine, or other coin-operated or coin
collection receptacle, contrivance, apparatus, or equipment
used for the purpose of providing lawful amusement, sales of
goods, services, or other valuable things, or telecommunications
with the intent to obtain property or services without
the effective consent of the owner. See Tex. Penal Code
§ 30.03.
A note about “burglary”
Texas Penal Code § 9.42 uses the word burglary in the most general
sense of the word. The statute gives no qualifiers or limitations on
what type of burglary a person would be justified in using deadly
force to thwart. This is important because there are four types of
burglary that are criminalized in Chapter 30 of the Texas Penal
Code. It is generally accepted that deadly force is justified to prevent
a burglary of a habitation and burglary of a building that is not a
habitation; since these are both felonies, they are contained in a
penal code section simply titled “Burglary,” and they are crimes of
a more personal nature where the perpetrator intends on committing
other felonies or a theft. However, there is an unresolved potential
legal issue of whether the crimes of “burglary of a motor vehicle”
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