When is Lethal Force Justified for Property?
Under Texas Penal Code Section 9.42, you are justified in using deadly force to protect land or tangible, movable property if
all of the following conditions are met: [
1,
2]
- Lawful Possession: You must have a legal right to possess the land or property. [1]
- Immediate Necessity: You reasonably believe the deadly force is immediately necessary to either:
- Stop the imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime.
- Stop someone fleeing with your property immediately after committing burglary, robbery, aggravated robbery, or nighttime theft. [1]
- No Other Option: You reasonably believe that either the property cannot be protected/recovered by any other means, or that using non-deadly force would expose you or others to a substantial risk of death or serious bodily injury