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http://www.legis.state.tx.us/tlodocs/80R/billtext/html/SB00378F
TEX PE. CODE ANN. § 9.31 : Texas Statutes
Section 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.
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.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. Sec. 2, eff. September 1, 2007. |
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