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PENAL CODE CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 293, Sec. 1,
eff. Sept. 1, 1997.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
SUBCHAPTER B. JUSTIFICATION GENERALLY
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
SUBCHAPTER C. PROTECTION OF PERSONS
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 190, Sec. 1,
eff. Sept. 1, 1995.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983,
68th Leg., p. 5316, ch. 977, Sec. 5, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 235, Sec. 1, eff. Sept. 1, 1995.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
SUBCHAPTER D. PROTECTION OF PROPERTY
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975,
64th Leg., p. 913, ch. 342, Sec. 6, eff. Sept. 1, 1975. Acts 1993, 73rd Leg., ch. 900, Sec.
1.01, eff. Sept. 1, 1994.
SUBCHAPTER E. LAW ENFORCEMENT
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts
1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
SUBCHAPTER F. SPECIAL RELATIONSHIPS
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 293, Sec. 1,
eff. Sept. 1, 1997.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
SUBCHAPTER B. JUSTIFICATION GENERALLY
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
SUBCHAPTER C. PROTECTION OF PERSONS
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 190, Sec. 1,
eff. Sept. 1, 1995.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983,
68th Leg., p. 5316, ch. 977, Sec. 5, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 235, Sec. 1, eff. Sept. 1, 1995.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
SUBCHAPTER D. PROTECTION OF PROPERTY
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975,
64th Leg., p. 913, ch. 342, Sec. 6, eff. Sept. 1, 1975. Acts 1993, 73rd Leg., ch. 900, Sec.
1.01, eff. Sept. 1, 1994.
SUBCHAPTER E. LAW ENFORCEMENT
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts
1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
SUBCHAPTER F. SPECIAL RELATIONSHIPS
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.