Can You Shoot Someone For Trespassing in Texas?
It's midnight, and you awaken to strange sounds somewhere outside the front of your home. You get out of bed, grab your firearm, run to your front window and look outside. That's when you see a masked man in your yard, peeking into your car, and looking around for security cameras. What can you legally do to stop him? Do you have to let him steal your property?
Let's change it up a bit, what if the sound turns out to be broken glass from your front door, and you walk into your living room only to discover your front door wide open? You hear someone moving in the next room, and you know your wife and child are still in bed, asleep. What should you do?
These are very frightening scenarios we hope you never face, but we want you to understand the potential criminal consequences that you, as a responsible gun owner, could face if you use force or deadly force to defend against certain types of crimes involving property. Remember, many states strictly forbid the use of deadly force to protect your property.
Criminal Consequences
Let's look at the potential criminal consequences you could face if you decide to confront these types of perpetrators with force or deadly force.
Texas Penal Code Section 9.41 explains that a person is allowed to use force, but not deadly force, to terminate a mere trespass or interference with property.
- "Trespass" occurs when a person enters onto or into property, knowing that entry is forbidden or remains on the property after being told to leave by someone with authority.
- "Theft" or "Interference with Property" occurs when a person takes another's property with the intent to deprive them of that property and without the owner's consent.
Going back to the example above, if you grab your firearm, go outside and fire a shot at the trespasser or someone merely creeping around your yard, you will likely find yourself facing a serious felony . In these circumstances, Texas Law only permits the use of force, not deadly force.
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Now, what if the trespasser sees you, but instead of running away, he comes toward you with a weapon in one hand and your property in the other? It's important to note that this is no longer a mere trespass. It has quickly changed to an attempted murder or an aggravated robbery. This distinction is important when we discuss the use of force or deadly force because if you choose to use deadly force and fire upon the perpetrator, your conduct will likely be justified.
Remember, the starting point for using force or deadly force in Texas can be boiled down to two things: reasonableness and immediate necessity.
So, when can you use deadly force in Texas to protect property? Texas law allows you to use deadly force to protect property if you would be justified in using force, and you reasonably believe it is immediately necessary to prevent the imminent commission of specific enumerated property crimes. These are arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime.
Turning to the second example we discussed earlier, the sound of breaking glass and finding your front door wide open. It is very likely that you've discovered the imminent commission of one or more of the crimes where Texas law allows the use of deadly force. The bad guy is no longer a mere trespasser and his conduct is elevated to the point where he's probably committing or attempting to commit burglary or worse.
Texas Property Laws
Let's take both examples one step further and address a common question we're asked: "What happens if I discover that the criminal already has my property and runs away when he sees me approach with a firearm? What can I legally do to recover my property?" When it comes to using deadly force to recover your stolen property, Texas juries will have a three-step process to decide if you were legally justified.
- Step 1: The jury must find that you were justified under Texas Penal Code section 9.41 to use force to stop a trespasser or an interference with your property.
- Step 2: The jury must decide whether you had a reasonable belief that deadly force was immediately necessary to prevent a perpetrator from fleeing immediately after committing a burglary, robbery, aggravated robbery, or theft during the nighttime.
- Step 3: The jury must find that when you used deadly force to protect property, you reasonably believed it could not have been protected or recovered by other means; or using something less than deadly force would expose you to a substantial risk of death or serious bodily injury.
If the jury finds you were reasonable in your actions under all three of these steps, they should find your use of deadly force legally justified. Be very careful though. It may be a daunting task to convince 12 jurors that you acted reasonably in shooting someone to recover property alone, particularly where the criminal no longer posed a threat to you or your family.
Also, keep in mind this three-step analysis occurs after you've been arrested and charged with a crime for defending your property, during a trial, and nothing is ever guaranteed when you put a verdict in the hands of a jury.
It's critical that you completely understand these legal concepts. If you have any questions about your rights to defend your property or any other Texas self defense laws, don't hesitate to call U.S. LawShield and ask to speak to your Independent Program Attorney.
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The information provided in this presentation is intended to provide general information to individuals and is not legal advice. The information included in this publication may not be quoted or referred to in any other publication without the prior written consent of U.S. LawShield, to be given or withheld at our discretion. The information is not a substitute for, and does not replace the advice or representation of a licensed attorney. We strive to ensure the information included in this publication is accurate and current, however, no claim is made to the accuracy of the information and we are not responsible for any consequences that may result from the use of information in this publication. The use of this publication does not create an attorney-client relationship between U.S. LawShield, any independent program attorney, and any individual.
How do the thief in the night law fit into your scenarios? after all at night you can’t tell if he has a weapon or not until it is too late. I always felt it was cheaper to replace the stolen property than go thru the long legal process to prove you were justified if the criminal was doing a smash and grab.
Great question! Deadly force can be used against a thief at nighttime, but it can only be used as a last resort. That is, only if the property cannot be protected or recovered through any other reasonable manner. Of course if a person confronts a thief who then threatens their life, the situation has changed and now a victim can use deadly force to protect themselves against a thief who has chosen to attack them rather than surrender or run away.
Is the purple law still in effect in Texas?
Yes, purple paint on a tree or post is one way of giving a criminal trespass warning. The paint has to be vertical lines not less than 8 inches long and 1 inch wide, place between 3 feet and 5 feet off the ground, and placed at locations that are readily visible to someone approaching the property and are no more than 100 feet apart on forested land or 1000 feet apart on non-forested land.
Is the purple tree law still in effect in Texas?
It’s a lot easier if you simply follow Louisiana law, deadly force may be used to prevent death or grave bodily harm. It’s the old biblical eye for an eye. You will never convince a jury that you needed to shoot someone to keep them from stealing grandma’s oil lamp.
If in my mind, my case justified deadly force as described in the article, I would likely then choose a bench trial. No jury. Of course the call to US LAW SHIELD would take place almost immediately (after 911).
Can you assume that a person who breaks into you home at night, when occupants of your family are within the home, is there to kill all within?
Under Texas law, you do not need to assume anything about a person’s motives who breaks into your occupied habitation. Texas law gives you the legal presumption that deadly force against a home invader is reasonable. That person’s motives do not change this. For example a person who breaks into an occupied house to only steal property is treated the same way under the law as a person who breaks in for the purpose of committing a murder or sexual assault.
So if I hear someone break into my house through a window, and after calling 9/11 I get up to go in the living room and see the intruder or intruder’s with my weapon in hand, am I automatically allowed to shoot them? Or do I have to tell them to leave first and wait to see what kinda move they make?
You’re asking for permission from an attorney for a hypothetical? lol. attorneys aren’t our babysitters.
That’s what the jury is for. Are you allowed to? I mean, who is going to stop you at that exact moment? Are you willing to risk the judgment of 12 rather than the possibility of being carried by 6?
We can’t answer these questions for you. Just hope that it never happens to you and if it does, you find a sympathetic jury.
What happens if you shoot a thief breaking your car windows with non lethal bean bags, rubber bullets or tazer?
In Texas, is it legal to use a firearm when threatened with a Taser? I don’t want to shoot someone, but once hit by a Taser, I would be incapacitated and defenseless. The assailant would also then be able to take my firearm.
If a person shoots at your house or property do you have the right to return fire if they are in the road
well that is lethal for so im pretty sure you return fire.
Typical obfuscation by lawyers.
Read and re read all this BS, then take a test on it.
(It gives the lawyers a chance to correct you or at least second guess you).
Questions? Contact law enforcement.
Emergency? Contact law enforcement.
Fire sidearm? We all already know the answer to that
before looking at this tripe.
My final point- here’s what the attorneys and writers above
are going to do in an emergency: Contact law enforcement.
Can I use poison darts to incapacitate or kill a thief that has entered my vehicle?
Great question Joe!
Absolutely! It is strongly encouraged to use homemade weaponry to exert lethal force if you or your personal property is threatened. This includes sharp or blunt objects, slingshots, electrical currents, mind control and poison of course.
lmao
If the thief is dead, it’s your word against theirs… aim well my friends!
In your article you say “convince 12 people that you were justified…”. Thought we only had to convince one. So now we’re guilty unless we convince all 12 otherwise.
Guilty until proven innocent lol
I apologize for the “what if” …. I park my vehicle on the street in front of my house. It is my work vehicle and my means of income (rideshare)… Since my vehicle is my means of income and such. If someone is vandalizing or stealing from the vehicle (catalytic covert or tools) do I have to be threatened before deadly force is appropriate or can I defend my property and lively hood upon confrontation. There was an incident caught on a ring camera that was shared where a home owner went outside and questioned some guys stealing packages… They ran to their car but then open fired on the home owner giving them opportunity of first use of force. I guess my question is when is it legal to initiate first use of force when catching someone stealing your property especially when that property is a means of income
Excellent blog post. I definitely appreciate this site.
Continue the good work!
very good information. killing another human being is a serious thing; but better the criminal than me, my wife or children. I view personal weapons as defensive life insurance. I do not view weapons as on offensive tool. The information in this blog separates the two. We have the legal right to protect families and ourselves, but not the right to aggression and being on the offense… to be determined by a jury.
I will however, return maximum fire, with deadly force, if fired upon by an intruder of a drive by from a vehicle..
There have been, more on than off, ppl coming onto our property at night for past couple years. So far nothing has been stolen that was of any major value (some lumber, a few small handtools etc.) But, for some reason, they continually mess with any of the 3 air conditioners in windows. I have overheard bits of conversations from them at times as well. They seem intent upon eventually stealing the air conditioners & or anything of value, such as log splitter and vehicle outside. Havnt been able to catch them red handed yet but have seen them running off into brush & one of them stepped on a nail board (screws run thru 1/2″ plywood) under an air conditioner. Weve (i live with elderly man who is almost blind) even popped off 12 ga rounds into air. But they keep coming back. Im fixing to just wait til glass breaks & conditioners go out window then open up on em. Theyve been warned too many times & also now one of em carries a small gun (pistol im guessin—heard older guy give to younger guy). This shit is just bizarre
What “if” I caught a thief trying to drive off in my vehicle on private property, the thief took of to the getaway vehicle. I followed in my vehicle to photograph them and their vehicle. When I got off the driver tried to run me down. And “if” I fired a warning shot to avoid being roadkill am I justified in firing a warning shot? And holding the suspects until local authorities arrive? In Texas.
What if a thief breaks in your house and he awakens you and you startle him. He takes off running out the house and you shoot him in the back. would that be legal?