Legal Question in Civil Rights Law in Texas

Is it legal to shoot someone who's breaking into your neighbors house with written consent from the homeowner to protect them and their property in Texas?

Asked on 1/24/15, 8:06 am

1 Answer from Attorneys

Nile Copeland Copeland Law Group, PLLC

In Texas 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.

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Answered on 1/30/15, 4:56 am

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