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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
Sec. 9.44. Use of Device to Protect Property.
The justification afforded by Sections 9.41 and 9.43 applies to the use of a device to protect land or tangible, movable property if:
(1) the device is not designed to cause, or known by the actor to create a substantial risk of causing, death or serious bodily injury; and
(2) use of the device is reasonable under all the circumstances as the actor reasonably believes them to be when he installs the device.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 6, eff. Sept. 1, 1975. Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
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