Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. 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:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
“Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY.”
I wish Virginia had this. In Virginia, the law specifically says a person CAN’T use deadly force to protect property.
Many thanks for posting this!
Pinging the text of the rules about defense:
To: lowbridge
Texas Penal Code
Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. 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:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
77 posted on Tue Jun 09 2015 16:32:33 GMT-0500 (CDT) by Envisioning (4.13.15 - That awkward moment in history when 53 million racists became sexists...) [ Post Reply | Private Reply | To 1 | View Replies | Report Abuse]
Thanks for posting those relevant sections of the Texas Penal Code.
The wife has been telling me for weeks now, that she wants us to register for one of the local classes on Texas gun laws. The times are becoming so tense, that it behooves all of us to know the legal ramifications of exercising our 2-A rights in an all-too-possible scenario.
I have a feeling that the ‘tension’ is going to result in quite a lot more Texans carrying when they ordinarily might not do so.