Force in Defense of Property: Defined and Allowed

(a)Except as otherwise provided by this Section and § 7.96, the use of force upon or toward the person of another is justifiable when the defendant believes that such force is immediately necessary:

(1)to prevent or terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful carrying away of tangible, movable property, provided that such land or movable property is, or is believed by the defendant to be, in his possession or in the possession of another person for whose protection he acts; or CH. 7 EXEMPTIONS AND DEFENSES

(2)to effect an entry or re-entry upon land or to retake tangible movable property, provided that the defendant believes that he or the person by those authority he acts is entitled to possession, and the force is used immediately or on fresh pursuit after such dispossession.

(b)For the purposes of Subsection (a):

(1)person who has parted with the custody of property to another who refuses to restore it to him is no longer in possession, unless the property is movable and was and still is located on land in his possession;

(2)a person who has a license to use or occupy real property is deemed to be in possession thereof except against the licensor acting under claim of right.

(c)The use of force is justifiable under this Section only if the defendant first request the person against whom such force is used to desist from his interference with the property, unless the defendant believes that:

(1)such request would be useless;

(2)it would be dangerous to himself or another person to make the requests; or

(3)substantial harm will be done to the physical condition of the property which is sought to be protected before the requests can effectively be made.

(d)The use of force to prevent or terminate a trespass is not justifiable under this Section if the defendant knows that the exclusion of the trespasser will expose the trespasser to substantial danger of serious bodily harm.

(e)The use of force to prevent an entry or re-entry upon land or the recaption of movable property is not justifiable under this Section, although the defendant believes that such re-entry or recaption is unlawful, if:

(1)the re-entry or recaption is made by or on behalf of a person who was actually dispossessed of the property; and

(2)it is otherwise justifiable under Paragraph

(2)of Subsection (a).

(f)The use of deadly force is not justifiable under this Section unless the defendant believes that:

(1)the person against whom the force is used is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or

(2)the person against whom the force is used is attempting to commit or consummate arson, burglary, robbery or other felonious theft or property destruction and either:

(A)has employed or threatened deadly force against or in the presence in the defendant; or

(B)the use of force other than deadly force to prevent the commission or the consummation of the crime would expose the defendant or another in his presence to substantial danger of serious bodily harm.