Sec. 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.
Look at 9.31 (B)
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. 1 (S.B.
378), Sec. 2, eff. September 1, 2007.
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