TX Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY.

TX Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY.

State: Texas

 

Texas Penal Code (2011)

Chapter 9.  Justifications Excluding Criminal Responsibility

SUBCHAPTER D. PROTECTION OF PROPERTY

Sec. 9.42.  DEADLY FORCE TO PROTECT PROPERTY.  

A person is justified in using deadly force against another to protect land or tangible, movable property:

(1)  if he would be justified in using force against the other under Section 9.41;  and

(2)  when and to the degree he reasonably believes the deadly force is immediately necessary:

(A)  to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime;  or

(B)  to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property;  and

(3)  he reasonably believes that:

(A)  the land or property cannot be protected or recovered by any other means;  or

(B)  the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

By | 2015-01-03T20:35:57+00:00 January 8th, 2013|Comments Off on TX Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY.