TX 36.9 Deadly Force in Defense of Land Generally

Texas Criminal Pattern Jury Charges § CPJC 36.9

Texas Criminal Pattern Jury Charges

CRIMINAL DEFENSES

CHAPTER 36 DEFENSE OF PROPERTY

§ CPJC 36.9 Deadly Force in Defense of Land Generally

The structure of Texas Penal Code section 9.42 creates some difficulty in determining when evidence raises an issue concerning the defense of protection of land as applied to deadly force.

Conceptually, situations in which the evidence suggests the defendant may have been acting to prevent the complainant from escaping with criminally acquired property (and thus triggering section 9.42(2)(B)) do not seem to involve defense of the land on which the crime occurred. Rather, they involve deadly force used to protect the personal property with which the complainant may have been escaping.

On the other hand, section 9.42(2)(A) seems to create a right to use even deadly force to prevent the commission of certain offenses on or to land.

Texas Criminal Pattern Jury Charges Copyright 2018 State Bar Texas

Texas Criminal Pattern Jury Charges § CPJC 36.9