Texas Penal Code

§ 9.42 — DEADLY FORCE TO PROTECT PROPERTY

PE § 9.42Title 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY · Ch. 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY · Art. D. PROTECTION OF PROPERTY

Statute text

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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:

…

Legislative history

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.