TX Sec. 9.41. PROTECTION OF ONE’S OWN PROPERTY.

State: Texas

 

Texas Penal Code (2011)

Chapter 9.  Justifications Excluding Criminal Responsibility

SUBCHAPTER D. PROTECTION OF PROPERTY

Sec. 9.41.  PROTECTION OF ONE’S OWN PROPERTY.  

(a)  A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other’s trespass on the land or unlawful interference with the property.

(b)  A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and 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 and:

(1)  the actor reasonably believes the other had no claim of right when he dispossessed the actor;  or

(2)  the other accomplished the dispossession by using force, threat, or fraud against the actor.