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.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Notes of Decisions
Cited in
36
cases (
3 in the last 5 years), 1973–2026 · leading case:
Wesbrook v. State, 29 S.W.3d 103 (Tex. Crim. App. 2000).
Wesbrook v. State, 29 S.W.3d 103 (Tex. Crim. App. 2000).
· cites it 2× “In his defense, appellant told the jury that he "lost it" and had no intention of killing any of the people inside that apartment.”
McFadden v. State, 541 S.W.3d 277 (Tex. App. 2018).
· cites it 5× “TEX. PENAL CODE ANN. § 9.42 (West 2011). All three of Section 9.”
Alexis Elaina Walker v. State, 557 S.W.3d 678 (Tex. App. 2018).
“TEX. PENAL CODE ANN. § 9.42 (West 2011). In this case, Walker contends that, because she locked Updyke out of their home, she had a “greater right to possession of the property” and, as such, when Updyke entered through the window with the intent to assault Walker, he committed…”
Warren v. State, 764 S.W.2d 906 (Tex. App. 1989).
· cites it 3× “Tex.Penal Code Ann. § 9.42 (Vernon 1974) states the requirements of the justification for use of deadly force to protect property.”
Marlow v. State, 886 S.W.2d 314 (Tex. App. 1994).
· cites it 2× “Appellant contends that the evidence at trial raised neither voluntary manslaughter nor self-defense as defined in the jury charge.”
Jackson v. State, 753 S.W.2d 706 (Tex. App. 1988).
· cites it 2× “TEX.PENAL CODE ANN. § 9.42 (Vernon 1974) provides in pertinent part: A person is justified in using deadly force against another to protect .”
Norton v. State, 771 S.W.2d 160 (Tex. App. 1989).
· cites it 2× “Tex.Penal Code Ann. § 9.42 (Vernon 1974).”
Freeman v. State, 230 S.W.3d 392 (Tex. App. 2007).
“Tex. Pen.Code Ann. § 9.42 (Vernon 2003). A reasonable belief is a belief that would be held by an ordinary and prudent person in the same circumstances as the actor.”
Sparks v. State, 177 S.W.3d 127 (Tex. App. 2005).
“Tex. Pen.Code Ann. § 9.42 (Vernon 2004). According to appellant, Sammy pointed the .”
Tidmore v. State, 976 S.W.2d 724 (Tex. App. 1998).
“Tex.Pen.Code Ann. § 9.42 (Vernon 1994). 34 .”
Hernandez v. State, 914 S.W.2d 218 (Tex. App. 1996).
“TexPenal Code Ann. § 9.42 (Vernon 1994). Without specific reference to the record, Hernandez argues that the issue of defense of property was raised by evidence that his house had been the target of a drive-by shooting and his testimony that he was concerned that the…”
Miller v. State of Texas, 741 S.W.2d 501 (Tex. App. 1987).
· cites it 2× “Deadly force is justified to prevent the theft of property during the nighttime under Tex.Penal Code Ann. § 9.42(2)(A) (Vernon 1974).”
— Tex. Penal Code § 9.42(2) — 1 case
Warren v. State, 764 S.W.2d 906 (Tex. App. 1989).
“Tex.Penal Code Ann. § 9.42 (Vernon 1974) states the requirements of the justification for use of deadly force to protect property.”
— Tex. Penal Code § 9.42(2)(A) — 1 case
Miller v. State of Texas, 741 S.W.2d 501 (Tex. App. 1987).
“Deadly force is justified to prevent the theft of property during the nighttime under Tex.Penal Code Ann. § 9.42(2)(A) (Vernon 1974).”
— Tex. Penal Code § 9.42(3) — 2 cases
McFadden v. State, 541 S.W.3d 277 (Tex. App. 2018).
“TEX. PENAL CODE ANN. § 9.42 (West 2011). All three of Section 9.”
Warren v. State, 764 S.W.2d 906 (Tex. App. 1989).
“Tex.Penal Code Ann. § 9.42 (Vernon 1974) states the requirements of the justification for use of deadly force to protect property.”
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