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Texas statute

Tex. Penal Code § 9.41 — Protection of one's own property

Current through 89th Legislature, 2nd Called Session (2025)

Part of Chapter 9: JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY, Texas Penal Code.

Full text of Tex. Penal Code § 9.41

Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.

Tex. Penal Code § 9.41Primary source, current through the 89th Legislature, 2nd Called Session (2025)
(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.

Official sources

This reference is informational and is not legal advice.