• Chapter 9 of the Texas Penal Code deals with the laws regarding the use of deadly force, or justification excluding criminal responsibility. Justifications for the use of deadly force include self-defense, defense of a third person and defense of property. In every case, the justification for the use of deadly force is only valid if the individual who uses deadly force reasonably believes that deadly force was the only available means to immediately protect life or property.
  
  

Self-Defense

• Under section 9.31 of the Texas Penal Code, an individual is allowed to use any force he believes to be reasonable against another individual if he believes that force will protect himself against the other individual's force. The other individual's force must be unlawful; therefore deadly force cannot be a response to a verbal dispute or challenge, nor can it be used to resist arrest or search by a law enforcement officer. Self-defense is not allowed in several other scenarios: if the individual agreed to the other individual's use of force, if the individual provoked the other individual into unlawful force, or if the other individual stops his use of force or tries to indicate that he wants to abandon the use of force during the encounter.
  
  

Deadly Force in Defense of a Person

• According to section 9.32 of the Texas Penal Code, any person can use deadly force for the reasons covered in section 9.31 (Self-Defense). This means that the individual may use deadly force to protect himself or another person only if he reasonably believes that the individual posing a threat will not retreat and that deadly force is the only means to protect himself or another person. An individual can also use deadly force to protect himself or others from aggravated kidnapping, murder, aggravated robbery, robbery, aggravated sexual assault and sexual assault. Section 9.33 similarly states that an individual may use deadly force in defense of a third person if the individual reasonably believes that the third person is in immediate danger and the intervention by use of deadly force is the only way to protect the third person.
  
  

Deadly Force to Protect Property

• An individual is permitted to use force to protect his land or movable property if the individual believes that another person is trespassing or unlawfully interfering with his property and that force is the only action that will successfully stop the unlawful action. Keep in mind that this force is not deadly force. Deadly force is only justified when the individual reasonably believes that deadly force is immediately necessary to stop the other individual's unlawful actions, which include aggravated robbery, arson, burglary, criminal mischief during the night or theft at night. Deadly force may also be used to prevent the person who has committed the criminal act from fleeing with the property. The individual who uses deadly force must reasonably believe, however, that the land or property cannot be protected or recovered by any other means except by the use of deadly force.