For the TL;DR crowd, the short answers are "no" to the former and "possibly sometimes, but it's a really bad idea" to the latter. Better just to reorder.
Before we delve into the details, understand that we at the Observer do not advocate shooting anyone except when it's necessary to protect your life or someone else's. But, man, we really hate porch pirates, who tend to get busiest during the holidays. According to Safewise, the Dallas-Fort Worth area has had 1,128,376 incidents of package thefts in 2024 at an estimated value lost of $151,202,446.
And it's not even Thanksgiving yet.
Worse still, nearly three-quarters of stolen packages nationally have a value of less than $100. Think about that: Porch thieves don't even know what they're stealing (could be some awful Etsy gewgaw or Grandma's insulin). They probably won't make much money from it. And they make everyone's holidays less merry and bright. They're like Grinches whose hearts didn't grow when they heard the "Welcome Christmas" song down in Whoville.
And we can't shoot them. Even in Texas.
"That's a very common question, and I think most people in the world do want to shoot them, but under Texas law, you absolutely cannot use deadly force to stop what's called a simple theft," Evans says. "We're not talking about burglary or someone threatening you with a weapon or anything like that, but simple theft where they're taking your property and not threatening you.
"There is one exception, which is theft during the nighttime, but even then it's not a great idea," Evans says.
You'll have to prove to 12 jurors that your actions were reasonable and necessary, which is a pretty heavy wager to save the package of socks you ordered for your dad.
A different law, familiarly known as the "castle doctrine," applies when someone is breaking into your home. But in cases of simple theft from your porch, use deadly force and you'll be facing a felony charge. "Even if they're on your property ... as long as they're not entering or attempting to enter, you will not get the protection of the castle doctrine," Evans says.
There are different laws regulating when you can defend yourself from, say, armed robbery, but we're talking about porch pirates, your basic, nonthreatening shit-heels.
OK, so we can't shoot, but can we at least show them a gun and tell them to hightail it? Well .... yeeeees. Still not a good idea.
"You are allowed to use force as opposed to deadly force," Evans says. "So, force can be several things. It could be pushing, shoving, grabbing, but Texas law also includes in the definition of force the threat to use deadly force, so you can say, 'Stop, get out of here. I have a gun.'"
You could even show them the gun when you say it and that would still be OK with Texas law. Point the gun at them and say the wrong thing, however, such as "You're a dead man," you could be facing an aggravated assault charge. And attempting to hold them prisoner? Really bad idea. Wrongful imprisonment is a crime.
They Shoot Porch Pirates, Don't They?
Even if you stay within the bounds of the law, there are other reasons to let it slide and just reorder that purchase. Shooting someone carries a heavy psychological burden, and you might not feel great if you plug someone over a $35 Amazon delivery. And regardless of circumstances or your steely nerves, expect to face a long, stressful investigation by the authorities, who must carefully review even obvious cases of justifiable use of force. Evans mentioned the case of Jack Wilson. He was part of the volunteer security team at West Freeway Church of Christ in White Settlement when he shot and killed a gunman who had just killed two church members at a service in December 2019. Gov. Greg Abbott awarded him a Medal of Courage, the state's highest civilian honor, and lauded him as a hero, which he clearly was.It took nine months for a grand jury to issue a no-bill in the shooting.
Finally, there's the threat of facing a civil lawsuit. It costs very little for the porch thief you winged or corralled at gunpoint, who is now sitting in lockup, to file a pro se lawsuit against you. It'll cost you a lot more money, time and stress to defend it, even if it's a frivolous case.
So, what can you do to fight back against porch pirates? Low-cost security cameras like Ring doorbells can deter some and help authorities by collecting evidence. Evans also suggests foregoing the fastest delivery and scheduling a time when you'll be home to collect your packages yourself. And believe it or not, reporting the thefts to the police can help. (According to Safewise, 23% of victims reported the theft to law enforcement.)
In Dallas, that's done through an online reporting system. Why bother? Evans says a sizable portion of porch piracy is done by organized rings, and they're the ones most likely to get caught. The criminal penalties for porch thefts stack up based on the number of thefts and the value of what's stolen. If police have enough evidence such as security footage and enough police reports, felony charges can await organized, busy thieves. Homeowners associations and apartment complexes frequently collect crime data, too, so reporting the thefts can show trends and maybe lead to better security.
Other than that, Evans' best advice if you confront a thief taking your Amazon delivery: Let them have it.
No ... not that way.