Texas-Book-Gun Law Armed And Educated - Flipbook - Page 224
IV. CAN I PROTECT ANOTHER PERSON’S PROPERTY?
JUSTIFIED USE OF DEADLY FORCE TO PROTECT ANOTHER’S PROPERTY
TEX. PENAL CODE § 9.43
A person is justified in using force or deadly force against
another to protect land or tangible, movable property of a third
person if, under the circumstances as he reasonably believes
them to be, the actor would be justified under Section 9.41 or
9.42 in using force or deadly force to protect his own land or
property and:
(1)
the actor reasonably believes the unlawful interference
constitutes attempted or consummated theft of or criminal
mischief to the tangible, movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection of the land
or property;
(B) he has a legal duty to protect the third person’s land or
property; or
(C) the third person whose land or property he uses force
or deadly force to protect is the actor’s spouse, parent,
or child, resides with the actor, or is under the actor’s
care.
Section 9.43 of the Texas Penal Code establishes a two-prong test in
determining if force or deadly force may be legally used to defend
another person’s property. First, before force or deadly force may be
used to protect another’s property, a person must have been justified
under Texas Penal Code Sections 9.41 or 9.42, respectively, as if
the land or property were his or her own. The inverse is also true:
you can’t legally protect another person’s property if you wouldn’t
be justified in protecting your own.
When Can I Legally Use My Gun: Part IV | 213
