Use of Force & Arrest · §9.43

Protection of Third Person's Property

Protection of Third Person's Property is covered under §9.43 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Defense of Property" on practice exams.

To prove this offense, the State must establish each of the following elements: Reasonable belief unlawful interference constitutes theft or criminal mischief; Reasonable belief: third person requested protection OR has legal duty to protect OR is whose property is being threatened; Actor would be justified under §9.41/§9.42 if the property were his own.

Elements you must prove

  • Reasonable belief unlawful interference constitutes theft or criminal mischief
  • Reasonable belief: third person requested protection OR has legal duty to protect OR is whose property is being threatened
  • Actor would be justified under §9.41/§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.