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| Our law firm has handled thousands of criminal cases with many hundreds being totally dismissed, criminal charges dealt with include amongst others Juvenile Law, Family Violence, Assault, Drug Charges, Theft, Shoplifting, Possession of Marijuana, Felonies, Misdemeanors, Failure to Stop and Give Information, Reckless Driving, Possession of a Controlled Substance, Possession of Cocaine, Motions to Revoke Probation or Deferred Adjudication, Burglary of a Building or Habitation, Runaway, Truancy, Vandalism. We have helped thousands of people get their cases dismisses, reduced, or kept off their records and we can help you. Please call today 713-697-4373 |
PENAL CODE
CHAPTER 8. GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY
Sec. 8.01. INSANITY.
(a) It is an affirmative defense to prosecution That, at the time of the conduct
charged, the actor, as a result of severe mental disease or defect, did not know
That his conduct was wrong.
(b) The term "mental disease or defect" does not include an abnormality
manifested only by repeated criminal or otherwise antisocial conduct.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1983, 68th Leg., p. 2640, ch. 454, Sec. 1, eff. Aug. 29, 1983; Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 8.02. MISTAKE OF FACT. (a) It is a defense to prosecution That the actor
through mistake formed a reasonable belief about a matter of fact if his
mistaken belief negated the kind of culpability required for commission of the
offense.
(b) Although an actor's mistake of fact may constitute a defense to the offense
charged, he may nevertheless be convicted of any lesser included offense of
which he would be guilty if the fact were as he believed.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 8.03. MISTAKE OF LAW. (a) It is no defense to prosecution That the actor
was ignorant of the provisions of any law after the law has taken effect.
(b) It is an affirmative defense to prosecution That the actor reasonably
believed the conduct charged did not constitute a crime and That he acted in
reasonable reliance upon:
(1) an official statement of the law contained in a written order or grant of
permission by an administrative agency charged by law with responsibility for
interpreting the law in question; or
(2) a written interpretation of the law contained in an opinion of a court of
record or made by a public official charged by law with responsibility for
interpreting the law in question.
(c) Although an actor's mistake of law may constitute a defense to the offense
charged, he may nevertheless be convicted of a lesser included offense of
which he would be guilty if the law were as he believed.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 8.04. INTOXICATION. (a) Voluntary intoxication does not constitute a
defense to the commission of crime.
(b) Evidence of temporary insanity caused by intoxication may be introduced by
the actor in mitigation of the penalty attached to the offense for which he is
being tried.
(c) When temporary insanity is relied upon as a defense and the evidence
tends to show That such insanity was caused by intoxication, the court shall
charge the jury in accordance with the provisions of this section.
(d) For purposes of this section "intoxication" means disturbance of mental or
physical capacity resulting from the introduction of any substance into the body.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 8.05. DURESS. (a) It is an affirmative defense to prosecution That the
actor engaged in the proscribed conduct because he was compelled to do so by
threat of imminent death or serious bodily injury to himself or another.
(b) In a prosecution for an offense That does not constitute a felony, it is an
affirmative defense to prosecution That the actor engaged in the proscribed
conduct because he was compelled to do so by force or threat of force.
(c) Compulsion within the meaning of this section exists only if the force or
threat of force would render a person of reasonable firmness incapable of
resisting the pressure.
(d) The defense provided by this section is unavailable if the actor intentionally,
knowingly, or recklessly placed himself in a situation in which it was probable
That he would be subjected to compulsion.
(e) It is no defense That a person acted at the command or persuasion of his
spouse, unless he acted under compulsion That would establish a defense
under this section.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 8.06. ENTRAPMENT. (a) It is a defense to prosecution That the actor
engaged in the conduct charged because he was induced to do so by a law
enforcement agent using persuasion or other means likely to cause persons to
commit the offense. Conduct merely affording a person an opportunity to
commit an offense does not constitute entrapment.
(b) In this section "law enforcement agent" includes personnel of the state and
local law enforcement agencies as well as of the United States and any person
acting in accordance with instructions from such agents.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY. (a) A person may not be
prosecuted for or convicted of any offense That the person committed when
younger than 15 years of age except:
(1) perjury and aggravated perjury when it appears by proof That the person
had sufficient discretion to understand the nature and obligation of an oath;
(2) a violation of a penal statute cognizable under Chapter 729, Transportation
Code, except for conduct for which the person convicted may be sentenced to
imprisonment or confinement in jail;
(3) a violation of a motor vehicle traffic ordinance of an incorporated city or
town in this state;
(4) a misdemeanor punishable by fine only other than public intoxication;
(5) a violation of a penal ordinance of a political subdivision;
(6) a violation of a penal statute That is, or is a lesser included offense of, a
capital felony, an aggravated controlled substance felony, or a felony of the first
degree for which the person is transferred to the court under Section 54.02,
Family Code, for prosecution if the person committed the offense when 14 years
of age or older; or
(7) a capital felony or an offense under Section 19.02 for which the person is
transferred to the court under Section 54.02(j)(2)(A), Family Code.
(b) Unless the juvenile court waives jurisdiction under Section 54.02, Family
Code, and certifies the individual for criminal prosecution or the juvenile court
has previously waived jurisdiction under That section and certified the individual
for criminal prosecution, a person may not be prosecuted for or convicted of any
offense committed before reaching 17 years of age except an offense described
by Subsections (a)(1)-(5).
(c) No person may, in any case, be punished by death for an offense committed
while the person was younger than 18 years.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1975, 64th Leg., p. 2158, ch. 693, Sec. 24, eff. Sept. 1, 1975; Acts 1987,
70th Leg., ch. 1040, Sec. 26, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1245,
Sec. 3, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 169, Sec. 3, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by
Acts 1995, 74th Leg., ch. 262, Sec. 77, eff. Jan. 1, 1996; Acts 1997, 75th Leg.,
ch. 165, Sec. 30.236, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 822, Sec. 4,
eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1086, Sec. 42, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 1297, Sec. 68, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 283, Sec. 52, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 787, Sec. 2,
eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 949, Sec. 45, eff. Sept. 1, 2005.
CHAPTER 8. GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY
Sec. 8.01. INSANITY.
(a) It is an affirmative defense to prosecution That, at the time of the conduct
charged, the actor, as a result of severe mental disease or defect, did not know
That his conduct was wrong.
(b) The term "mental disease or defect" does not include an abnormality
manifested only by repeated criminal or otherwise antisocial conduct.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1983, 68th Leg., p. 2640, ch. 454, Sec. 1, eff. Aug. 29, 1983; Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 8.02. MISTAKE OF FACT. (a) It is a defense to prosecution That the actor
through mistake formed a reasonable belief about a matter of fact if his
mistaken belief negated the kind of culpability required for commission of the
offense.
(b) Although an actor's mistake of fact may constitute a defense to the offense
charged, he may nevertheless be convicted of any lesser included offense of
which he would be guilty if the fact were as he believed.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 8.03. MISTAKE OF LAW. (a) It is no defense to prosecution That the actor
was ignorant of the provisions of any law after the law has taken effect.
(b) It is an affirmative defense to prosecution That the actor reasonably
believed the conduct charged did not constitute a crime and That he acted in
reasonable reliance upon:
(1) an official statement of the law contained in a written order or grant of
permission by an administrative agency charged by law with responsibility for
interpreting the law in question; or
(2) a written interpretation of the law contained in an opinion of a court of
record or made by a public official charged by law with responsibility for
interpreting the law in question.
(c) Although an actor's mistake of law may constitute a defense to the offense
charged, he may nevertheless be convicted of a lesser included offense of
which he would be guilty if the law were as he believed.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 8.04. INTOXICATION. (a) Voluntary intoxication does not constitute a
defense to the commission of crime.
(b) Evidence of temporary insanity caused by intoxication may be introduced by
the actor in mitigation of the penalty attached to the offense for which he is
being tried.
(c) When temporary insanity is relied upon as a defense and the evidence
tends to show That such insanity was caused by intoxication, the court shall
charge the jury in accordance with the provisions of this section.
(d) For purposes of this section "intoxication" means disturbance of mental or
physical capacity resulting from the introduction of any substance into the body.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 8.05. DURESS. (a) It is an affirmative defense to prosecution That the
actor engaged in the proscribed conduct because he was compelled to do so by
threat of imminent death or serious bodily injury to himself or another.
(b) In a prosecution for an offense That does not constitute a felony, it is an
affirmative defense to prosecution That the actor engaged in the proscribed
conduct because he was compelled to do so by force or threat of force.
(c) Compulsion within the meaning of this section exists only if the force or
threat of force would render a person of reasonable firmness incapable of
resisting the pressure.
(d) The defense provided by this section is unavailable if the actor intentionally,
knowingly, or recklessly placed himself in a situation in which it was probable
That he would be subjected to compulsion.
(e) It is no defense That a person acted at the command or persuasion of his
spouse, unless he acted under compulsion That would establish a defense
under this section.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 8.06. ENTRAPMENT. (a) It is a defense to prosecution That the actor
engaged in the conduct charged because he was induced to do so by a law
enforcement agent using persuasion or other means likely to cause persons to
commit the offense. Conduct merely affording a person an opportunity to
commit an offense does not constitute entrapment.
(b) In this section "law enforcement agent" includes personnel of the state and
local law enforcement agencies as well as of the United States and any person
acting in accordance with instructions from such agents.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY. (a) A person may not be
prosecuted for or convicted of any offense That the person committed when
younger than 15 years of age except:
(1) perjury and aggravated perjury when it appears by proof That the person
had sufficient discretion to understand the nature and obligation of an oath;
(2) a violation of a penal statute cognizable under Chapter 729, Transportation
Code, except for conduct for which the person convicted may be sentenced to
imprisonment or confinement in jail;
(3) a violation of a motor vehicle traffic ordinance of an incorporated city or
town in this state;
(4) a misdemeanor punishable by fine only other than public intoxication;
(5) a violation of a penal ordinance of a political subdivision;
(6) a violation of a penal statute That is, or is a lesser included offense of, a
capital felony, an aggravated controlled substance felony, or a felony of the first
degree for which the person is transferred to the court under Section 54.02,
Family Code, for prosecution if the person committed the offense when 14 years
of age or older; or
(7) a capital felony or an offense under Section 19.02 for which the person is
transferred to the court under Section 54.02(j)(2)(A), Family Code.
(b) Unless the juvenile court waives jurisdiction under Section 54.02, Family
Code, and certifies the individual for criminal prosecution or the juvenile court
has previously waived jurisdiction under That section and certified the individual
for criminal prosecution, a person may not be prosecuted for or convicted of any
offense committed before reaching 17 years of age except an offense described
by Subsections (a)(1)-(5).
(c) No person may, in any case, be punished by death for an offense committed
while the person was younger than 18 years.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1975, 64th Leg., p. 2158, ch. 693, Sec. 24, eff. Sept. 1, 1975; Acts 1987,
70th Leg., ch. 1040, Sec. 26, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1245,
Sec. 3, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 169, Sec. 3, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by
Acts 1995, 74th Leg., ch. 262, Sec. 77, eff. Jan. 1, 1996; Acts 1997, 75th Leg.,
ch. 165, Sec. 30.236, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 822, Sec. 4,
eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1086, Sec. 42, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 1297, Sec. 68, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 283, Sec. 52, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 787, Sec. 2,
eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 949, Sec. 45, eff. Sept. 1, 2005.