Tex. Penal Code Section 9.42
Deadly Force to Protect Property

Mentioned in

Texas Concealed Carry Gun Laws: CCW & Reciprocity Map

USCCA, September 1, 2021

“As of Sept. 1, 2021, permitless concealed carry and open carry is legal for anyone at least 21 years old who may lawfully possess a handgun.”
Bibliographic info

A person is justified in using deadly force against another to protect land or tangible, movable property:


if he would be justified in using force against the other under Section 9.41 (Protection of One’s Own Property); and


when and to the degree he reasonably believes the deadly force is immediately necessary:


to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or


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


he reasonably believes that:


the land or property cannot be protected or recovered by any other means; or


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.

Source: Section 9.42 — Deadly Force to Protect Property, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­9.­htm#9.­42 (accessed Dec. 2, 2023).

Dec. 2, 2023

§ 9.42’s source at texas​.gov