User Panel
Read down into the details of Section 9 for an indepth look into deadly force in Texas.
PENAL CODE CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY SUBCHAPTER A. GENERAL PROVISIONS § 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, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 293, § 1, eff. Sept. 1, 1997. § 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, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. § 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, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. § 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, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. § 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, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. § 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, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. SUBCHAPTER B. JUSTIFICATION GENERALLY § 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, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. § 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, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. SUBCHAPTER C. PROTECTION OF PERSONS § 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, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 190, § 1, eff. Sept. 1, 1995. § 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, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 5316, ch. 977, § 5, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 235, § 1, eff. Sept. 1, 1995. § 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, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. § 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, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. SUBCHAPTER D. PROTECTION OF PROPERTY § 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, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. § 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, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. § 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, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. § 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, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 913, ch. 342, § 6, eff. Sept. 1, 1975. Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. ~m38a1 |
|
Can I move to texas? Yeah I know, technically im a yankee. But I think id fit in.
|
|
I had a feeling logic would piss you guys off. Read carefully. I never said anything about how people shouldn't be able to fight for their life or property or be armed to the teeth for any reason at all. I said that from the looks of the previous comments, people, mainly Texans, were actually hoping that someone would try to break into their house or steal their cars simply so they could put to use some of their hundreds of hours at the range. I didn't say anything close to "you should just sit and watch your stuff get stolen." I said it was sad that some people would like for their homes to be broken into so they could get the legal chance to kill somebody, which I strongly believe some people here want. ETA: NFBBM, does it make me a pussy that I would rather somebody not break into my home? |
||||
|
they're not getting pumped to kill anyone. If anyone here thinks people enjoy killing random people then they have NEVER been a soldier nor do they have respect for others lives be it human or animal
They do have adreniline because they need to protect they're property and family from looters, criminals, and who knows what else if things get bad. Think people before you post some things. |
|
While there are plenty of prior service guys on here, there are plenty more who only wish they could've been, so you're spot on with that first part. |
|
|
Thanks for lumping us all togather prick. Maybe you ought to pull your head out of your ass and think before you fucking post. Have you actually been here or do you personally know anyone from our state? Or you just a closed minded hippie from Oregon- Land of the hairy armpitted women? ETA, Just remember it has to be at night folks. Daytime doesn't count. |
|
|
Again Jquillen1985, To characterize your waffling rationalizations as "logic" is an insult to Descartes. Your lack of understanding is horribly obvious to those of a certain mindset, but it's such an alien concept to you, you cant understand. You mistake rightous behavior as bloodlust. You fail to see the honor and quiet satisfaction of fulfilling a social responsiblility. How horrible for you and those who would depend on you. |
|||||
|
Go take a dump; that feeling will go away.
You're fucked up in the head. |
||
|
God almighty! It's like you didn't even read what I said! Instead of everyone saying, "Gee, I hope looting doesn't happen," they say, "Cha-ching! I hope looters come to my neck of the woods so I can put my weapons to use." That's the sad part. Instead of hoping for a peaceful ending, they hope to be able to squeeze off some rounds on a live traget for once. PS: I'll be in the Army in two years, so I don't know if you've served or anything, but I'll take pleasure in defending people like you. |
||||||
|
It is never sad if the correct people receive what they have comming, ie, Justice. Some are just proud of a State that has not yet stood justice on it's head. |
|||
|
What hot? It did not get over 102 in NE Texas all year. Course, this is the cooler part of the Great State. |
|
|
Jquillian...Ok I will say it...I would love to have some low life son of a bitch come to my place and give me an excuse to load his ass full of lead. Maybe he can bring lots of his friends so that I could compare the ak and the ar. Now how about that? I get so fucking tired of people like you whining and crying when somebody somewhere should be filling these assholes full of fucking holes. Every fucking idiot on earth now thinks that they can do whatever they want because the NO police just loot right along with them.
Maybe some of us should be looking forward to handing out massive lead injections.....maybe I am one of them. Are you happy now? |
|
Me too! No, I have NO DESIRE to shoot ANYONE. Nor do the people I associate with. But for the love of God and all that is Holy, I appreciate the fact that I live in a State that upholds my right (and responsibililty!) to defend myself, my loved ones, my property, and my neighbors! Don't Mess with Texas! ETA: OK, I associate with Hound (love ya, Bro!) and JUST MAYBE he wants to pump somebody's ass full of lead... But not without provocation! |
|
|
Yeah. At least you have the balls to admit it instead of dodging around like most people. I'd rather you didn't need/want/have to do that, but if it comes down to it, I guess you should make sure you have a clear sight picture. I'd be willing to bet money that no ARFcom member fires a round in anger during the entire Rita and aftermath. |
|
|
Just what the hell is wrong with that? Maybe it's time somebody re-set a positive example of how America was and should be again. Let the cameras roll. Or would you rather have more video of Lousiana sheeple meekly surrendering their firearms and allowing themselves to be evicted from their own homes? |
|||
|
Do you want to know what special activities I been doing to prepare for this horror weekend?
Have I been sitting in the dark loading mags and cleaning my guns giggling all the while? No I have been on the phone making sure my friends have places to stay this weekend and that everyone is well taken care of. My firearms are always ready. This week I have been making sure that The people I love are right and have a place to bunk. That's Texas my friend. Don't insult us or talk down to us. Even The adopted Texans don't take that shit well. |
|
Two points I have not seen addressed yet.
If you are attacked by a looter, he is no longer a looter but an assailant, and it's becomes about defending your health and safety, not about property. I would suggest shooting to slidelock in this instance. Next, a LOT of crime can be prevented by truncating the careers of about 5% of the population. Most of the time we have to wait until they overdose or get killed by their fellow careerists. Think of this hurricane as a shortcut to lower crime rates. |
|
any one mind a Florida boy coming to your state and where should I live
|
|
Excuse my fucking french...Johninaustin and myself agree on something...the end of the world approaches.....
|
|
Remember to BAAAAAAAAA very quietly when you cower as your property is stolen. One does not need to wonder why NO had thousands of looters and Texas will have a much smaller amount even tho the evac. population will be greater. |
|||
|
fire hot |
|
|
That was just recently changed allowing you to have a handgun in the car. You had to be traveling but travelling was never defined. A long arm was always fine
|
|
Not somebody. Criminal scum. The people that engage in looting tend to be repeat offenders who make a career out of inflicting pain on innocent victims. Society would be a much better place without them. Why not wish for the opportunity fill them with lead if it would mean they could no longer assault, murder, rape, and rob others? Some folks just need killin', and Texans are happy to provide that much needed service. Nothing sad about it. Sad is trying to make excuses for that behavior. "Oh, he's not to blame, his mommy must have dropped him on his head when he was little." Apparently she didn't drop him hard enough. |
|
|
[Ron White]While other states are banning the death penalty, Texas is putting in an Express Lane [/Ron White]
America the way it should be. |
|
Unfortunately you failed to understand what I wrote, but that doesnt surprise me at all. I really dont think you're capable of understanding.
Yes, child. As some of those in this thread who know me personally are aware, I'm a Vet. Get back to me after a couple of years. I'll accept your apology. "Don't laugh at a youth for his affectations; he is only trying on one face after another to find his own. " Logan Pearsall Smith (1865 - 1946) Good luck with that... |
||
|
Yes...You're totally wrong. When sh!t like this happens, looters will appear in droves, so you've better expect them, or else you won't have the second chance to rectify your mistake. If looters can use harsh language at me, they won't bother me...But....the sec. they plan to loot, hurt, rape....then my shiny rifles, handguns, shotguns will do the talking. |
|
|
As the Song Goes:
God Bless Texas with His own hand Brought down angels from the promise land Gave em' a place where they could dance If you wanna see heaven brother here's your chance I've been sent to spread the message God bless Texas! |
|
Amen brother! Well said.. I am just hoping my cousin and family made it out of Houston. The traffic coming through my town is CRAZY!! There are people pushing their cars to the gas station.. Good luck to all of my fellow Texans in our SHTF moment! |
|
|
You sure they'll want you? Nobody wants to shoot and kill someone, all they are saying is if looters come, it won't be like NO. THAT was chaos because no one did anything to stop them. The neighborhoods that came out OK were the ones that were armed and the looters knew it. Funny how not all that much happened in them. Musta been a kwinky-dink, right? And I would take great satisfaction in stopping some POS dirtbag looter from breaking into my neighbors house. I would NOT take great satisfaction in having to shoot them. I would hope that I never have to be in that situation again. See the difference? |
|||||||
|
Actually, we should use the Texas SHTF event to clean up a whole bunch of scum. Like all the NO asshole criminals that got let loose before Katrina, or the ones (unfortunately, probably less than a dozen or so) that were actually arrested for looting. Like the NO assholes that were shooting at rescue workers. Like that POS John Couey that raped and murdered Jessica Lunsford. Like that vermin that killed Dillion Grone and his family in Washington. Or perhaps those 3 Aruban cocksuckers that raped and probably killed Natalee Holloway.
Just bring them all down here. We'll give them a 30 minute headstart, and whoever drops the most gets a Christmas turkey. The world would be a better place. |
|
"Don't
We're some of the politest, most laid-back and tolerant people you'll ever meet, but by golly if you piss us off we WILL kick your ass. It's like Jeff Foxworthy says: "If you break into my house and I catch you, I'll shootcha! But if my wife catches you, she'll shoot you and give you a lecture! 'Do you know why you got shot? Why don't you get a job? You better stop bleedin' on my good rug or I'll shoot you again you sumbich!'" Rules for Texas: Don't want shot? It's really simple. Here's how: Don't break into my house. Or I'll shoot you. Don't steal my things. Or I'll shoot you. Don't attack or try to kill me. Or I'll shoot you. Don't rape nobody. Or I'll shoot you. Don't set fire to nothin'. Or I'll shoot you. Don't destroy my stuff. Or I'll shoot you. Think of laws in Texas as hints. You've heard somebody say "man, I wouldn't do that shit if I was you!" Well, in Texas if you do any of that shit, we'll shoot your ass. It's that simple. |
|
Pricks like Gibson fuck everything up for the law abiding |
|
|
+1, if the weather didn't suck. |
|
|
Better gun-confiscating JBTs than tourists from California. |
||||
|
I wonder if any of the Louisiana looters who are in TX will try for round 2 there? It would be justice for them to find out why texas is not like the big easy.
|
|
I suspect if FEMA tries it, the cops will go ape shit and book them. "Don't mess with Texas" means exactly what it says ! |
|
|
Can you say "Baaaah baaaah". |
|||
|
Just for the record jquillen1985, your points are well taken, but your wording is indicative of a libtard.
It is not sad that anyone who, after watching the masses of welfare NOLA citizens rape, pillage and burn, would want the opportunity to "take care of business". It is called "Manning up" or "Cowboy Up" or being a sheepdog. Whatever you want to call it. Choose your words better next time. |
|
oh shit! sorry I should have added some smilys, I TOTALLY AGREE WITH YOU! I was trying to smack talk that other guy. |
|||||
|
+1 I'd be a west Texas cowboy. I'll be in TX in 3 weeks!! w00t! |
|
|
"Nothing I have is worth you dying for."
Or: "Nothing here is worth you dying for." Talon Arms is in Houston. They're not bugging out. See their Industry forum. GL |
|
OMG! +1 [bananna] That's it, game over. What whould Johninausting do? Shoot to slidelock. Good answer. TXL |
|
|
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.