Texas Self-Defense Penal Code & Laws

Discussion in 'Texas Concealed Handgun (CHL)' started by Texas1911, Oct 8, 2008.

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  1. Texas1911

    Texas1911 TGT Addict

    May 29, 2017
    Austin, TX
    Source: Texas Penal Code

    Preface: The original text and wording is not altered in any way. Only the color
    and appearance of the text is altered to improve comprehension.

    § 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 the actor reasonably believes the force is immediately necessary
    to protect the actor against the other's use or attempted use of unlawful force.
    The actor's belief that the force was immediately necessary as described by this
    subsection is presumed to be reasonable if the actor:

    (1) knew or had reason to believe that the person
    against whom the force was used:

    (A) unlawfully and with force entered, or was
    attempting to enter unlawfully and with force, the actor's occupied
    habitation, vehicle, or place of business or employment;

    (B) unlawfully and with force removed, or was
    attempting to remove unlawfully and with force, the actor from the
    actor's habitation, vehicle, or place of business or employment; or

    (C) was committing or attempting to commit
    aggravated kidnapping, murder, sexual assault, aggravated sexual
    assault, robbery, or aggravated robbery;

    (2) did not provoke the person against whom the force
    was used; and

    (3) was not otherwise engaged in criminal activity,
    other than a Class C misdemeanor that is a violation of a law or
    ordinance regulating traffic at the time the force was used.

    (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.

    (e) A person who has a right to be present at the location
    where the force is used, who has not provoked the person against
    whom the force is used, and who is not engaged in criminal activity
    at the time the force is used is not required to retreat before
    using force as described by this section.

    (f) For purposes of Subsection (a), in determining whether
    an actor described by Subsection (e) reasonably believed that the
    use of force was necessary, a finder of fact may not consider
    whether the actor failed to retreat.

    § 9.32. DEADLY FORCE IN DEFENSE OF PERSON.

    (a)
    A person is justified in using deadly force against another:

    (1) if the actor would be justified in using force
    against the other under Section 9.31; and

    (2) when and to the degree the actor reasonably
    believes the deadly force is immediately necessary:

    (A) to protect the actor 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 actor's belief under Subsection (a)(2) that the
    deadly force was immediately necessary as described by that
    subdivision is presumed to be reasonable if the actor:

    (1) knew or had reason to believe that the person
    against whom the deadly force was used:

    (A) unlawfully and with force entered, or was
    attempting to enter unlawfully and with force, the actor's occupied
    habitation, vehicle, or place of business or employment;

    (B) unlawfully and with force removed, or was
    attempting to remove unlawfully and with force, the actor from the
    actor's habitation, vehicle, or place of business or employment; or

    (C) was committing or attempting to commit an
    offense described by Subsection (a)(2)(B);

    (2) did not provoke the person against whom the force
    was used; and

    (3) was not otherwise engaged in criminal activity,
    other than a Class C misdemeanor that is a violation of a law or
    ordinance regulating traffic at the time the force was used.

    (c) A person who has a right to be present at the location
    where the deadly force is used, who has not provoked the person
    against whom the deadly force is used, and who is not engaged in
    criminal activity at the time the deadly force is used is not
    required to retreat before using deadly force as described by this
    section.

    (d) For purposes of Subsection (a)(2), in determining
    whether an actor described by Subsection (c) reasonably believed
    that the use of deadly force was necessary, a finder of fact may not
    consider whether the actor failed to retreat.

    § 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.

    § 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.


    § 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.

    § 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.

    § 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 ca
    re.
     


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