Index
Self-DefenseTexas

Protection of Property at Nighttime

Summary

Unique to Texas, deadly force may be justified to prevent the imminent commission of arson, burglary, robbery, or theft during the nighttime, or to prevent a suspect from fleeing with property.

Rights & Rules

  • 01.
    Deadly force can be used to protect property if you believe there is no other way to recover it.
  • 02.
    The incident must occur at 'nighttime' for certain theft/criminal mischief protections.
  • 03.
    You must reasonably believe the property cannot be protected or recovered by any other means.

Penalties

  • 01.
    Unjustified use of deadly force can result in 1st-degree murder charges.
  • 02.
    Civil liability if the use of force is found to be reckless regarding bystanders.

Verified Citations

Texas Penal Code § 9.42

Source
"A person is justified in using deadly force against another to protect land or tangible, movable property... to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime..."