Texas Penal Code - Section 9.41. Protection Of One's Own Property

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§ 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, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994.

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Last modified: August 10, 2007