Texas Criminal Pattern Jury Charges § CPJC 36.3
Texas Criminal Pattern Jury Charges
CRIMINAL DEFENSES
CHAPTER 36 DEFENSE OF PROPERTY
§ CPJC 36.3 Nondeadly Force in Defense of One’s Own Personal -Property–Property in One’s Possession and Recovering Property
Texas Penal Code section 9.41 provides for separate treatment of two situations. If the facts show that the defendant had possession of the property and was using force to prevent interference with that possession, section 9.41(a) applies. If the defendant lost possession and was attempting to regain it, section 9.41(b) applies. These are such different situations that they should be covered by different instructions. Use the instruction at CPJC 36.4 for the first instruction and the instruction at CPJC 36.5 for the second.
Texas Criminal Pattern Jury Charges § CPJC 36.3