Penal Code §9.43: Protection of Another's Property

According to PC §9.43, you are justified in using force or deadly force against another person to protect the land or tangible, movable property of a third person if BOTH of the following are true.

You would be justified in using force or deadly force to protect your own land or property under §9.41 or §9.42.
You reasonably believe that the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property or you reasonably believe that:
- The third person has asked you to protect the land or property or…
- You have a legal duty to protect the third person’s land or property or…
- You are using force or deadly force to protect the land or property of a relative (spouse, parent, or child) or a person who lives with you or is under your care.

Example Situation

Let’s return to the earlier example with Gary and see how things would play out if another person’s property were involved.

After a long day at work, Gary pulls into his own driveway one night and witnesses two men climbing out of his neighbor’s window which appears to be broken and with what looks to be his neighbor’s television. Gary exits his vehicle with his gun drawn and demands the two men stop. When the men ignore his command, Gary shoots and wounds both men.

Is Gary legally justified in using deadly force in this scenario? Very likely. We evaluate legal justification by determining first, would Gary have been justified in using deadly force if the property he was protecting were his own? The answer seems clear that he would have been (e.g., burglary or theft during the nighttime, etc.). The second requirement of section 9.43 must also be satisfied for there to be legal justification. In this scenario, even if Gary’s neighbor had not specially asked Gary to protect his property (although such a request would have satisfied the second prong of the test), because Gary’s belief was likely reasonable that the persons he shot were attempting or consummating a theft to tangible, movable property, he likely will be legally justified.

Source: Texas Gun Law: Armed and Educated published by Texas Law Shield, LLPM

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