Section 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.Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. 9/1/1994. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. 1/1/1974.