| Updated: | 7/9/2013 5:19 PM |
| Tags: | 02 TX (8.3%) |
Vernon's Texas Statutes and Codes Annotated Currentness
Penal Code (Refs & Annos)
Title 2. General Principles of Criminal Responsibility
Chapter 9. Justification Excluding Criminal Responsibility
Subchapter D. Protection of Property
§ 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.
CREDIT(S)
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.
Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature
V.T.C.A., Penal Code § 9.42
Effective:[See Text Amendments]
Vernon's Texas Statutes and Codes Annotated Currentness
Penal Code (Refs & Annos)
Title 2. General Principles of Criminal Responsibility
Chapter 9. Justification Excluding Criminal Responsibility
Subchapter D. Protection of Property
§ 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.
CREDIT(S)
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.
Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature
V.T.C.A., Penal Code § 9.43
Effective:[See Text Amendments]
Vernon's Texas Statutes and Codes Annotated Currentness
Penal Code (Refs & Annos)
Title 2. General Principles of Criminal Responsibility
Chapter 9. Justification Excluding Criminal Responsibility
Subchapter D. Protection of Property
§ 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.
CREDIT(S)
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.
Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature
V.T.C.A., Penal Code § 9.44
Effective:[See Text Amendments]
Vernon's Texas Statutes and Codes Annotated Currentness
Penal Code (Refs & Annos)
Title 2. General Principles of Criminal Responsibility
Chapter 9. Justification Excluding Criminal Responsibility
Subchapter D. Protection of Property
§ 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.
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| Tags: | 20 WI (1.8%) |
West's Wisconsin Statutes Annotated Currentness
Crimes (Ch. 938 to 951)
Chapter 939. Crimes--General Provisions (Refs & Annos)
Subchapter III. Defenses to Criminal Liability
939.45. Privilege
The fact that the actor's conduct is privileged, although otherwise criminal, is a defense to prosecution for any crime based on that conduct. The defense of privilege can be claimed under any of the following circumstances:
(1) When the actor's conduct occurs under circumstances of coercion or necessity so as to be privileged under s. 939.46 or 939.47; or
(2) When the actor's conduct is in defense of persons or property under any of the circumstances described in s. 939.48 or 939.49; or
(3) When the actor's conduct is in good faith and is an apparently authorized and reasonable fulfillment of any duties of a public office; or
(4) When the actor's conduct is a reasonable accomplishment of a lawful arrest; or
(5)(a) In this subsection:
1. “Child” has the meaning specified in s. 948.01(1).
3. “Person responsible for the child's welfare” includes the child's parent, stepparent or guardian; an employee of a public or private residential home, institution or agency in which the child resides or is confined or that provides services to the child; or any other person legally responsible for the child's welfare in a residential setting.
(b) When the actor's conduct is reasonable discipline of a child by a person responsible for the child's welfare. Reasonable discipline may involve only such force as a reasonable person believes is necessary. It is never reasonable discipline to use force which is intended to cause great bodily harm or death or creates an unreasonable risk of great bodily harm or death.
(6) When for any other reason the actor's conduct is privileged by the statutory or common law of this state.
<<For credits, see Historical Note field.>>
Current through 2013 Wisconsin Act 13, published 05/18/2013.