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13-407. Justification; use of physical force in defense of premises

Updated: Oct 1




A. A person or his agent in lawful possession or control of premises is justified in threatening to use deadly physical force or in threatening or using physical force against another when and to the extent that a REASONABLE person would believe it immediately necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises.


You will notice in just about every statute the word "Reasonable" is present. What people have to understand is who's definition of "Reasonable" are we using? People from Texas, Oregon, conservative, liberal, republican, democrat, a man or a woman? Keep in mind the first person to determine whether you acted "Reasonably" is the police officer standing in front of you. Then the County or City Attorney who decides to press charges or not. So before you decide to Use or Threaten Physical or Deadly Force, it's how they interpret your actions as being reasonable or not. The law is meant to be interpreted and judged by a jury of our peers. Keep in mind that word REASONABLE is what they use to determine charges.. If at all possible, call 911 and let law enforcement deal with a trespasser.



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