Attempted Break In
This morning we had someone try to break in. It was only a crime of opportunity, but it was the first time I've experienced this in the past approximately 600 nights traveling and sleeping in the RV....
Forum Discussion
No Gdub2, you're wrong.
There are strict limitations to the "Castle Doctrine."
...The intruder must be IN your home or vehicle or place of work. Take the time to read this carefully. You cannot shot someone who is rattling your door knob....
The Castle Doctrine gets its name from the philosophy that everyone is the King or Queen in his or her own home. In other words, you shouldn’t have to flee your property because of an intruder. The Texas Penal Code designates certain areas under the protection of the Castle Doctrine: your home, vehicle, and workplace.
In your home, Texas law assumes that you’re justified in using force to defend yourself against intruders. You get immunity under this presumption given a certain set of circumstances:
An intruder entered unlawfully and with force
An individual removes or attempts to remove you from your castle with force
In Texas, a “castle” defines three places: an “occupied habitation,” “occupied vehicle,” and place of employment.
The term “occupied habitation” is perhaps the most important in the Castle Doctrine. According to Texas law, your occupied habitation is limited. The Texas Penal Code defines habitation as:
“…a structure or vehicle adapted for the overnight accommodation of persons; and includes each separately secured or occupied portion of the structure or vehicle; and each structure appurtenant to or connected with the structure or vehicle.”
In other words, this limits the places where you can use deadly force—a sticking point for many who seek to use the Castle Doctrine to protect their families.
There are strict limitations to the "Castle Doctrine."
...The intruder must be IN your home or vehicle or place of work. Take the time to read this carefully. You cannot shot someone who is rattling your door knob....
The Castle Doctrine gets its name from the philosophy that everyone is the King or Queen in his or her own home. In other words, you shouldn’t have to flee your property because of an intruder. The Texas Penal Code designates certain areas under the protection of the Castle Doctrine: your home, vehicle, and workplace.
In your home, Texas law assumes that you’re justified in using force to defend yourself against intruders. You get immunity under this presumption given a certain set of circumstances:
An intruder entered unlawfully and with force
An individual removes or attempts to remove you from your castle with force
In Texas, a “castle” defines three places: an “occupied habitation,” “occupied vehicle,” and place of employment.
The term “occupied habitation” is perhaps the most important in the Castle Doctrine. According to Texas law, your occupied habitation is limited. The Texas Penal Code defines habitation as:
“…a structure or vehicle adapted for the overnight accommodation of persons; and includes each separately secured or occupied portion of the structure or vehicle; and each structure appurtenant to or connected with the structure or vehicle.”
In other words, this limits the places where you can use deadly force—a sticking point for many who seek to use the Castle Doctrine to protect their families.
