[Shooter 2.5]

Texas Penal Code 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.

[Double Tap]

You beat me by 6 minutes. I'm getting slow. I should just put the Texas Penal code on my favorites that way I don't have to do a google every time I need it.

[WL-law]

...if he would be justified in using force against the other under Section 9.41

...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.

Well, let's parse this further. What does section 9.41 say? And since ALL these elements are necessary to perfect the right, the last part of the statute seems to say that there is an strong aspect of self-defense involved -- so this is NOT clearly a right to use deadly force to defend property per se.

In other words, the classic case is someone who loads a spring-loaded gun in an abandoned house he owns, triggered and aimed at the door. Door opens, gun goes off.

These cases come up from time to time. This statute certainly does not permit that.