FastLaws: 2004 Texas Penal Code, Sec. 9.41. Protection of One's Own Property.

FastLaws™ is produced by
Freelance Enterprises, Inc.

Please see the Terms of Use Policy
for information on copyright, disclaimer of warranties, and sources.

Please send your feedback, suggestions, and
other comments by using the contact page.
To tell others about this site, use the referral page.

A D V E R T I S E M E N T S

Baker's Legal Pages and FastLaws have no relationship with the advertisers whose ads appear below.

Baker's Texas Penal Code Handbook includes the full text of the Texas Penal Code as amended through the 79th Session of the Texas Legislature, and contains over 16,000 case notes from reported Texas court decisions, constituting a one-volume annotated Texas Penal Code. For more information visit the Baker's Texas Penal Code Handbook information page. The 2006 Edition of Baker's Texas Penal Code Handbook contains 645 case notes under Chapter 9. Use our order form to place your order today.

No amendments to this provision were enacted at the 79th Regular Session of the Texas Legisature (2005).

2004 Texas Penal Code

TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

SUBCHAPTER D. PROTECTION OF PROPERTY

FastLaws™ Home
Penal Code Table of Contents
Subchapter D Table of Contents
prior provision
next provision

Sec. 9.41. Protection of One's Own Property.

(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:

(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or

(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.

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.

A D V E R T I S E M E N T S

Baker's Legal Pages and FastLaws have no relationship with the advertisers whose ads appear below.