QUESTIONS WITH ANSWERS RATED A+
✔✔PC 9.43 Protection of Third Person's Property - ✔✔A person is justified in using
force or deadly force against another to protect land or tangible, movable property of a
third person if, under the circumstances as he reasonably believes them to be, the actor
would be justified under Section 9.41 or 9.42 in using force
or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful
interference constitutes attempted or consummated theft of or criminal mischief to the
tangible, movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection
of the land or property;
(B) he has a legal duty to protect the third
person's land or property; or
(C) the third person whose land or property he
uses force or deadly force to protect is the actor's spouse, parent, or child, resides with
the actor, or is under the actor's care.
✔✔Deadly Force (Penal Code 9.01 definition) - ✔✔Force that is intended or known by
the actor to cause, or in the manner of its use or intended use is capable of causing
death, or serious bodily injury.
✔✔Penal Code 9.04 Threats of Justifiable Force - ✔✔A threat of force is justified by this
chapter. For purposes of this section, a threat to cause death or serious bodily injury by
the production of a weapon or otherwise, as long as the actor's purpose is limited to
creating an apprehension that he will use deadly force if necessary, does not constitute
the use of force.
✔✔Penal Code 9.05 Reckless Injury of Innocent Third Person - ✔✔Even though an
Actor is justified under this chapter in threatening or using force or deadly force against
another, if in doing so he also recklessly injures or kills an innocent third person, the
justification afforded by this chapter is unavailable in a prosecution for the reckless
injury or killing of the innocent third person.
✔✔Penal Code 9.33 Defense of Third Person - ✔✔A person is justified in using force or
deadly force against another to protect a third person if:
(1) under the circumstances as the actor reasonably
believes them to be, the actor would be justified under Section 9.31 or 9.32 in using
force or deadly force to protect himself against the unlawful force or unlawful deadly
force he reasonably believes to be threatening the third person he seeks to protect; and
(2) the actor reasonably believes that his
intervention is immediately necessary to protect the third person.