Texas-Book-Gun Law Armed And Educated - Flipbook - Page 211
Protection of property will be analyzed under the same “reasonable
person” standard discussed in Chapters 7 and 8 and will have the
same requirements for a person reasonably believing that the force
or deadly force used was “immediately necessary.” In addition to
the above sections, Texas Penal Code Section 9.44 addresses the
law of devices to protect property.
II. WHEN IS SOMEONE LEGALLY JUSTIFIED TO USE FORCE BUT
NOT DEADLY FORCE TO PROTECT THEIR OWN PROPERTY?
A. Prevent or terminate interference with property
The law answers this question based upon the statutory law of
the justified use of force to protect property contained in Section
9.41 of the Penal Code. This section divides the justified use of
force (but not deadly force) into two categories: the first category,
under Subsection 9.41(a), is when a person is justified in using
force to prevent or terminate another person’s unlawful trespass or
interference with their property, e.g., stealing property, vandalizing
property, etc.
If you catch someone in the act
In plain terms, if someone is unlawfully taking your personal
property, you are justified in using force to stop them. Of course,
just like instances of self-defense, you must also meet the standard
of reasonable belief in the immediate necessity of the use of force.
EXAMPLE:
Shaun looks out his peephole and sees a man taking a package
that the delivery driver had just left on Shaun’s front porch. Shaun
opens his door, chases the man down the sidewalk, and wrestles
the package away from him.
200 | CHAPTER TEN
