(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.
Amended by Acts
1995, 74th Leg., ch. 190, Sec. 1, eff. Sept. 1, 1995.
Deadly Force in
Defense of Person
"A person is justified in using deadly force against
another if he would be justified in using force under
Section 9.31 of the statute when and to the degree he
reasonable believes that deadly force is immediately
necessary to protect himself against the other's use or
attempted use of unlawful deadly force, if a reasonable
person in the same situation would have not retreated.
The use of deadly force is also justified to prevent the
other's imminent commission of aggravated kidnapping,
murder, rape or robbery."
Defense of Another
Person
"A person is justified in using deadly force against
an attacker to protect another person if he would be
justified to use it to protect himself against an
unlawful attack and he reasonably believes his
intervention is immediately necessary to protect the
other person from serious injury or death."
Deadly Force to Protect
Property
"A person is justified in using deadly
force against another to protect his property to the
degree he reasonably believes the force is immediately
necessary to prevent the other's imminent commission of
arson, burglary, robbery, theft during the nighttime or
criminal mischief during the nighttime, and he
reasonably believes that the property cannot be
protected by any other means."
"A person is justified in using
deadly force against another to pervent the other who is
fleeing after committing burglary, robbery, or theft
during the nighttime, from escaping with the property
and he reasonable believes that the property cannot be
recovered by any other means; or, the use of force other
than deadly force to protect or recover the property
would expose him or another to a substantial risk of
death or serious bodily injury. (Nighttime is defined as
the period 30 minutes after sunset until 30 minutes
before sunrise.)"
Protection of the
Property of Others
"A person is justified in using force or deadly force
against another to protect the property of a third
person if he reasonably believes he would be justified
to use similar force to protect his own property, and he
reasonably believes that there existed an attempt or
actual commission of the crime of theft or criminal
mischief."
"Also, a person is justified in using force or deadly
force if he reasonably believes that the third person
has requested his protection of property; or he has a
legal duty to protect the property; or the third person
whose property he is protecting is his spouse, parent or
child."
Reasonable
Belief
"It is not necessary that there should be actual
danger, as a person has the right to defend his life and
person from apparent danger as fully and to the same
extent as he would have were the danger real, as it
reasonably appeared to him from his standpoint at the
time."
"In fact, Sec 9.31(a) [of the Penal Code] expressly
provides that a person is justified in using deadly
force against another when and to the degree he
reasonably believes the force is immediately
necessary."
Justification for
Using Deadly Force Can Be Lost
"Even though a person is justified in threatening or
using force or deadly force against another in self
defense or defense of others or property as described in
the statute, if in doing so he also recklessly injures
or kills an innocent third person, the justification for
deadly force is unavailable."
"A person acts recklessly when he is aware of but
consciously disregards a substantial and unjustifiable
risk with respect to the circumstances surrounding his
conduct or the results of his conduct. The risk must be
of such a nature and degree that its disregard
constitutes a gross deviation of the standard of care
that an ordinary person would exercise, viewed from the
person's standpoint under all the circumstances existing
at the time."
Self Defense
Definitions
"Assault is committed if a person intentionally,
knowingly or recklessly threatens another with imminent
bodily injury, causes bodily injury to another, or
causes physical contact with another when he knows or
should reasonably believe that the other will regard the
contact as offensive or provocative."
"Aggravated assault is committed if a person commits
Assault (qv.) and causes serious bodily injury to
another, or causes bodily injury to a peace officer, or
uses a deadly weapon."
"Burglary is committed if, without the effective
consent of the owner, a person: 1) Enters a building, or
any portion of a bulding, not open to the public with
intent to commit a felony or theft, or 2) Remains
concealed in a building with the intent to commit a
felony or theft."
"Criminal Mischief is committed if, without the
effective consent of the owner, a person: 1)
Intentionally or knowingly damages or destroys the
property of the owner, or 2) Tampers with the property
of the owner and causes momentary loss or sustained
inconvenience to the owner or third person."
Doug Briggs, "A Matter of
Personal Protection: The Weapons Laws of Texas", 2nd
ed., 1992. ISBN 1-881287-01-7.
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