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TEXAS SELF DEFENSE LAWS
The Texas Constitution
Article 1 - BILL OF RIGHTS
Section 23 - RIGHT TO KEEP AND BEAR ARMS
"Every citizen shall have the right to
keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate
the wearing of arms, with a view to prevent crime."
Self Defense Statutes
(Texas Penal Code)
(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."
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Texas Enacts the
"Castle Doctrine Effective
9/1/07 "
SECTION 1. Section 9.01, Penal Code, is amended by adding
Subdivisions (4) and (5) to read as follows:
(4) "Habitation" has the meaning assigned by Section
30.01.
(5) "Vehicle" has the meaning assigned by Section
30.01.
SECTION 2. Section 9.31, Penal Code, is amended by amending
Subsection (a) and adding Subsections (e) and (f) to read as
follows:
(a) Except as provided in Subsection
(b),
a person is justified in using force against another when and to the degree the
actor [he] reasonably believes the force
is immediately necessary
to protect the actor [himself] 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.
(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.
SECTION 3. Section 9.32, Penal
Code, is amended to read as
follows:
Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person
is justified in
using deadly force against another:
(1) if the actor [he] would be justified in using force
against the other under
Section 9.31; and
(2) [if a reasonable person in the actor's situation
would not have retreated; and
[(3)] when
and to the degree the actor [he] reasonably
believes the deadly force is immediately necessary:
(A) to protect the
actor [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 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
[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].
(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.
SECTION 4. Section
83.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 83.001. CIVIL IMMUNITY [AFFIRMATIVE
DEFENSE]. A [It
is an affirmative defense to a civil action for damages for personal
injury or death that the] defendant
who uses force or[, at the time
the cause of action arose, was justified in using] deadly force that
is justified
under Chapter 9 [Section 9.32], Penal Code, is immune
from civil liability for personal injury or death that results from
the defendant's [against a person who at the time of the] use of
force or deadly force, as applicable [was committing
an offense of
unlawful entry in the habitation of the defendant].
SECTION 5. (a) Sections 9.31 and 9.32, Penal Code,
as
amended by this Act, apply only to an offense committed on or after
the effective date of this Act. An offense
committed before the
effective date of this Act is covered by the law in effect when the
offense was committed, and
the former law is continued in effect for
this purpose. For the purposes of this subsection, an offense is
committed
before the effective date of this Act if any element of
the offense occurs before the effective date.
(b) Section
83.001, Civil Practice and Remedies Code, as
amended by this Act, applies only to a cause of action that accrues
on
or after the effective date of this Act. An action that accrued
before the effective date of this Act is governed by the
law in
effect at the time the action accrued, and that law is continued in
effect for that purpose.
SECTION 6. This Act takes effect September 1, 2007.
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