Use of Force & Arrest · §9.43
Protection of Third Person's Property
Protection of Third Person's Property (§9.43): key points and worked practice questions for Texas peace officer exam preparation.
Key points
- Reasonable belief the unlawful interference is attempted or consummated theft of, or criminal mischief to, tangible movable property, OR
- Reasonable belief the third person requested protection, the actor has a legal duty to protect the property, or the owner is the actor's spouse, parent, or child, lives with the actor, or is under the actor's care
- Actor would be justified under §9.41 or §9.42 if the property were his own
Learn more about this topic
Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.
Worked examples
Worked example 1
Under §9.43, a person is justified in using force or deadly force against another to protect THIRD PERSON's property when:
- Any property of any person
- The actor reasonably believes the unlawful interference would constitute theft or criminal mischief AND the actor reasonably believes the third person has requested protection, has a legal duty to protect the property, or owns the property; AND the actor would be justified under §9.41 or §9.42 if the property were the actor's own Correct
- Only with permission
- Only if the property is over $1,500
Why: Force in defense of third-person property requires reasonable belief that the third person requested protection or has a legal duty to protect or owns the property, AND that the actor would be justified if the property were his own.
Statute: Tex. Penal Code §9.43
Statutory definitions for this topic
- Defense of third person's property Tex. Penal Code §9.43
- A person is justified in using force or deadly force to protect a third person's property when the actor reasonably believes the unlawful interference would constitute theft or criminal mischief, AND the actor reasonably believes the third person has requested protection, has a legal duty to protect, or owns the property; AND the actor would be justified under §9.41/§9.42 if the property were the actor's own.