Course Outline

Various sections in Chapter 9 of the Texas Penal Code (PC) address the protection of property.

  • Use of Force to Protect Your Property: According to PC §9.41, if you are in lawful possession of land or tangible, movable property, you may use force against another person if you reasonably believe the force is immediately necessary to:
    1. Prevent or stop the other person from trespassing on your land or interfering with your property or…
    2. Reenter the land or recover the property if you are in fresh pursuit of the other person and the other person has no claim to the land or property.
  • Use of Deadly Force to Protect Your Property: According to PC §9.42, you are justified in using deadly force against another person to protect your land or tangible, movable property if ALL three of the following are true.
    1. You would be justified in using force under §9.41.
    2. You reasonably believe that deadly force is immediately necessary to prevent:
      • The commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime or…
      • The other person from escaping with your property after committing burglary, robbery, aggravated robbery, or theft during the nighttime.
    3. You reasonably believe that:
      • Deadly force is the only way to protect or recover your land or property or…
      • Using force other than deadly force to protect your land or property would put you at substantial risk for death or serious bodily injury.
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