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BartholmewRoberts: For example, Section 1.07 of the Texas Penal Code defines "bodily injury" as "physical pain, illness, or any impairment of physical condition," and it defines "serious bodily injury" as "bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ."
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Texas is one of the states where deadly force can be used to protect property as well, even when no threat of serious bodily injury exists. The following Texas Statutes applies and is not limited to just one's own property. As has been previously stated, one needs to know exactly what the laws in their state are. A person from Texas in some other state that
used deadly force might very well not be within the law in the same situtation. So in 9.41 3(a) below, if he believes that the land or the property cannot be protected or recovered by any other means, and
this does not require that he be in fear of serious bodily injury before using deadly force, although it is mentioned in the section following it. But certainly nobody can utilize this information and apply it to any other state, even if they have a recipricoal agreement or unilateral one with Texas. I try to read the statutes of any other state I might travel in.
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.