When You Can Now Legally Shoot Trespassers in Texas

Protecting what's yours is a protected right in Texas. But how far can you go protecting your family, your property, and your home?

Some will go as far as they need to protect their family, property, or home. Others will let law enforcement do their job to handle particular situations. While it is true you can defend your family, property, or home, in some ways could get into very big trouble.

The Legal Reasons You Can Shoot a Trespasser in Texas

You simply can't shoot someone just because they come onto your property. A simple example of this is turning into someone's driveway, and then backing up to go back down the road.

You can't shoot someone for doing this because it's not legally considered trespassing. If you do shoot someone for doing the above example, you can, and will, be arrested and face whatever charges are levied against you.

To legally use deadly force against someone who comes onto your property, you must believe that person is there with the intent to commit a crime against you, your family, or your property.

For example, if you see someone come onto your property and attempt to break into your vehicle, you can use deadly force on that person. Other examples of it being legal to use deadly force against a trespasser are:

• Arson
• Burglary
• Robbery
• Aggravated Robbery
• Theft at Night
• Criminal Mischief at Night

Where else can deadly force be used?

You can use deadly force if you find and try to recover property that has been taken from you that is on someone else's property. You can also use deadly force if you've been asked by someone to protect their piece of property. One thing you can't do to prevent theft is set up "booby traps" that have the potential to cause serious bodily harm or death to protect, for example, your property line.

All of this can be very subjective but as long as you use sound judgment and don't (pun intended) jump the gun, you can use deadly force to protect yourself, your family, and your property.

Texas Penal Code, Chapter 9, Subchapter D

SUBCHAPTER D. PROTECTION OF PROPERTY

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.
Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41; and

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

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

(B) 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

(3) he reasonably believes that:

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

(B) 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.
Sec. 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:

(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or

(2) the actor reasonably believes that:

(A) the third person has requested his protection of the land or property;

(B) he has a legal duty to protect the third person's land or property; or

(C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.

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.
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.

@tx_lawyer #question from @tx_lawyer Can you shoot a trespasser in Texas? #2a #firearms #lawyersoftiktok #home #homedefense #homeprotection #themoreyouknow #nra #gunrights #texaslaw #deadlyforce ♬ The Sopranos - Woke Up This Morning - Main Theme - Geek Music

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