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PENAL CODE CHAPTER 9.
JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY
SUBCHAPTER A. GENERAL PROVISIONS
§ 9.01. DEFINITIONS. In this chapter:
(1) "Custody" has the meaning assigned by Section
38.01.
(2) "Escape" has the meaning assigned by Section
38.01.
(3) "Deadly force" means 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 1997, 75th Leg., ch. 293, § 1, eff. Sept. 1, 1997.
§ 9.02. JUSTIFICATION AS A DEFENSE. It is a defense to
prosecution that the conduct in question is justified under this
chapter.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 9.03. CONFINEMENT AS JUSTIFIABLE FORCE. Confinement
is justified when force is justified by this chapter if the actor
takes reasonable measures to terminate the confinement as soon as
he knows he safely can unless the person confined has been arrested
for an offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of
force is justified when the use 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 deadly force.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 9.06. CIVIL REMEDIES UNAFFECTED. The fact that
conduct is justified under this chapter does not abolish or impair
any remedy for the conduct that is available in a civil suit.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
SUBCHAPTER B. JUSTIFICATION GENERALLY
§ 9.21. PUBLIC DUTY. (a) Except as qualified by
Subsections (b) and (c), conduct is justified if the actor
reasonably believes the conduct is required or authorized by law,
by the judgment or order of a competent court or other governmental
tribunal, or in the execution of legal process.
(b) The other sections of this chapter control when force is
used against a person to protect persons (Subchapter C), to protect
property (Subchapter D), for law enforcement (Subchapter E), or by
virtue of a special relationship (Subchapter F).
(c) The use of deadly force is not justified under this
section unless the actor reasonably believes the deadly force is
specifically required by statute or unless it occurs in the lawful
conduct of war. If deadly force is so justified, there is no duty to
retreat before using it.
(d) The justification afforded by this section is available
if the actor reasonably believes:
(1) the court or governmental tribunal has
jurisdiction or the process is lawful, even though the court or
governmental tribunal lacks jurisdiction or the process is
unlawful; or
(2) his conduct is required or authorized to assist a
public servant in the performance of his official duty, even though
the servant exceeds his lawful authority.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 9.22. NECESSITY. Conduct is justified if:
(1) the actor reasonably believes the conduct is
immediately necessary to avoid imminent harm;
(2) the desirability and urgency of avoiding the harm
clearly outweigh, according to ordinary standards of
reasonableness, the harm sought to be prevented by the law
proscribing the conduct; and
(3) a legislative purpose to exclude the justification
claimed for the conduct does not otherwise plainly appear.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
SUBCHAPTER C. PROTECTION OF PERSONS
§ 9.31. SELF-DEFENSE. (a) Except as provided in
Subsection (b), a person is justified in using force against
another when and to the degree he reasonably believes the force is
immediately necessary to protect himself against the other's use or
attempted use of unlawful force.
(b) The use of force against another is not justified:
(1) in response to verbal provocation alone;
(2) to resist an arrest or search that the actor knows
is being made by a peace officer, or by a person acting in a peace
officer's presence and at his direction, even though the arrest or
search is unlawful, unless the resistance is justified under
Subsection (c);
(3) if the actor consented to the exact force used or
attempted by the other;
(4) if the actor provoked the other's use or attempted
use of unlawful force, unless:
(A) the actor abandons the encounter, or clearly
communicates to the other his intent to do so reasonably believing
he cannot safely abandon the encounter; and
(B) the other nevertheless continues or attempts
to use unlawful force against the actor; or
(5) if the actor sought an explanation from or
discussion with the other person concerning the actor's differences
with the other person while the actor was:
(A) carrying a weapon in violation of Section
46.02; or
(B) possessing or transporting a weapon in
violation of Section 46.05.
(c) The use of force to resist an arrest or search is
justified:
(1) if, before the actor offers any resistance, the
peace officer (or person acting at his direction) uses or attempts
to use greater force than necessary to make the arrest or search;
and
(2) when and to the degree the actor reasonably
believes the force is immediately necessary to protect himself
against the peace officer's (or other person's) use or attempted use
of greater force than necessary.
(d) The use of deadly force is not justified under this
subchapter except as provided in Sections 9.32, 9.33, and 9.34.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 1995, 74th Leg., ch. 190, § 1, eff. Sept. 1, 1995.
§ 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A
person is justified in using deadly force against another:
(1) if he would be justified in using force against the
other under Section 9.31;
(2) if a reasonable person in the actor's situation
would not have retreated; and
(3) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to protect himself against the other's use or
attempted use of unlawful deadly force; or
(B) to prevent the other's imminent commission of
aggravated kidnapping, murder, sexual assault, aggravated sexual
assault, robbery, or aggravated robbery.
(b) The requirement imposed by Subsection (a)(2) does not
apply to an actor who uses force against a person who is at the time
of the use of force committing an offense of unlawful entry in the
habitation of the actor.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1983, 68th Leg., p. 5316, ch. 977, § 5, eff.
Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept.
1, 1994; Acts 1995, 74th Leg., ch. 235, § 1, eff. Sept. 1, 1995.
§ 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 9.34. PROTECTION OF LIFE OR HEALTH. (a) A person is
justified in using force, but not deadly force, against another
when and to the degree he reasonably believes the force is
immediately necessary to prevent the other from committing suicide
or inflicting serious bodily injury to himself.
(b) A person is justified in using both force and deadly
force against another when and to the degree he reasonably believes
the force or deadly force is immediately necessary to preserve the
other's life in an emergency.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
SUBCHAPTER D. PROTECTION OF PROPERTY
§ 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person
in lawful possession of land or tangible, movable property is
justified in using force against another when and to the degree the
actor reasonably believes the force is immediately necessary to
prevent or terminate the other's trespass on the land or unlawful
interference with the property.
(b) A person unlawfully dispossessed of land or tangible,
movable property by another is justified in using force against the
other when and to the degree the actor reasonably believes the force
is immediately necessary to reenter the land or recover the
property if the actor uses the force immediately or in fresh pursuit
after the dispossession and:
(1) the actor reasonably believes the other had no
claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using
force, threat, or fraud against the actor.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 9.44. USE OF DEVICE TO PROTECT PROPERTY. The
justification afforded by Sections 9.41 and 9.43 applies to the use
of a device to protect land or tangible, movable property if:
(1) the device is not designed to cause, or known by
the actor to create a substantial risk of causing, death or serious
bodily injury; and
(2) use of the device is reasonable under all the
circumstances as the actor reasonably believes them to be when he
installs the device.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 913, ch. 342, § 6, eff. Sept.
1, 1975. Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
SUBCHAPTER E. LAW ENFORCEMENT
§ 9.51. ARREST AND SEARCH. (a) A peace officer, or a
person acting in a peace officer's presence and at his direction, is
justified in using force against another when and to the degree the
actor reasonably believes the force is immediately necessary to
make or assist in making an arrest or search, or to prevent or
assist in preventing escape after arrest, if:
(1) the actor reasonably believes the arrest or search
is lawful or, if the arrest or search is made under a warrant, he
reasonably believes the warrant is valid; and
(2) before using force, the actor manifests his
purpose to arrest or search and identifies himself as a peace
officer or as one acting at a peace officer's direction, unless he
reasonably believes his purpose and identity are already known by
or cannot reasonably be made known to the person to be arrested.
(b) A person other than a peace officer (or one acting at his
direction) is justified in using force against another when and to
the degree the actor reasonably believes the force is immediately
necessary to make or assist in making a lawful arrest, or to prevent
or assist in preventing escape after lawful arrest if, before using
force, the actor manifests his purpose to and the reason for the
arrest or reasonably believes his purpose and the reason are
already known by or cannot reasonably be made known to the person to
be arrested.
(c) A peace officer is justified in using deadly force
against another when and to the degree the peace officer reasonably
believes the deadly force is immediately necessary to make an
arrest, or to prevent escape after arrest, if the use of force would
have been justified under Subsection (a) and:
(1) the actor reasonably believes the conduct for
which arrest is authorized included the use or attempted use of
deadly force; or
(2) the actor reasonably believes there is a
substantial risk that the person to be arrested will cause death or
serious bodily injury to the actor or another if the arrest is
delayed.
(d) A person other than a peace officer acting in a peace
officer's presence and at his direction is justified in using
deadly force against another when and to the degree the person
reasonably believes the deadly force is immediately necessary to
make a lawful arrest, or to prevent escape after a lawful arrest, if
the use of force would have been justified under Subsection (b) and:
(1) the actor reasonably believes the felony or
offense against the public peace for which arrest is authorized
included the use or attempted use of deadly force; or
(2) the actor reasonably believes there is a
substantial risk that the person to be arrested will cause death or
serious bodily injury to another if the arrest is delayed.
(e) There is no duty to retreat before using deadly force
justified by Subsection (c) or (d).
(f) Nothing in this section relating to the actor's
manifestation of purpose or identity shall be construed as
conflicting with any other law relating to the issuance, service,
and execution of an arrest or search warrant either under the laws
of this state or the United States.
(g) Deadly force may only be used under the circumstances
enumerated in Subsections (c) and (d).
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 9.52. PREVENTION OF ESCAPE FROM CUSTODY. The use of
force to prevent the escape of an arrested person from custody is
justifiable when the force could have been employed to effect the
arrest under which the person is in custody, except that a guard
employed by a correctional facility or a peace officer is justified
in using any force, including deadly force, that he reasonably
believes to be immediately necessary to prevent the escape of a
person from the correctional facility.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 9.53. MAINTAINING SECURITY IN CORRECTIONAL
FACILITY. An officer or employee of a correctional facility is
justified in using force against a person in custody when and to the
degree the officer or employee reasonably believes the force is
necessary to maintain the security of the correctional facility,
the safety or security of other persons in custody or employed by
the correctional facility, or his own safety or security.
Added by Acts 1987, 70th Leg., ch. 512, § 1, eff. Sept. 1, 1987.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
SUBCHAPTER F. SPECIAL RELATIONSHIPS
§ 9.61. PARENT-CHILD. (a) The use of force, but not
deadly force, against a child younger than 18 years is justified:
(1) if the actor is the child's parent or stepparent or
is acting in loco parentis to the child; and
(2) when and to the degree the actor reasonably
believes the force is necessary to discipline the child or to
safeguard or promote his welfare.
(b) For purposes of this section, "in loco parentis"
includes grandparent and guardian, any person acting by, through,
or under the direction of a court with jurisdiction over the child,
and anyone who has express or implied consent of the parent or
parents.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 9.62. EDUCATOR-STUDENT. The use of force, but not
deadly force, against a person is justified:
(1) if the actor is entrusted with the care,
supervision, or administration of the person for a special purpose;
and
(2) when and to the degree the actor reasonably
believes the force is necessary to further the special purpose or to
maintain discipline in a group.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 9.63. GUARDIAN-INCOMPETENT. The use of force, but not
deadly force, against a mental incompetent is justified:
(1) if the actor is the incompetent's guardian or
someone similarly responsible for the general care and supervision
of the incompetent; and
(2) when and to the degree the actor reasonably
believes the force is necessary:
(A) to safeguard and promote the incompetent's
welfare; or
(B) if the incompetent is in an institution for
his care and custody, to maintain discipline in the institution.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
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