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

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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:

  1. Any property of any person
  2. 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
  3. Only with permission
  4. 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.