Texas Penal Code - Section 2.04. Affirmative Defense
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Texas Laws > Penal Code > Texas Penal Code - Section 2.04. Affirmative Defense
Section: 1.05 1.06 1.07 1.08 2.01 2.02 2.03 2.04 2.05 3.01 3.02 3.03 3.04 6.01 6.02
§ 2.04. AFFIRMATIVE DEFENSE. (a) An affirmative defense
in this code is so labeled by the phrase: "It is an affirmative
defense to prosecution . . . ."
(b) The prosecuting attorney is not required to negate the
existence of an affirmative defense in the accusation charging
commission of the offense.
(c) The issue of the existence of an affirmative defense is
not submitted to the jury unless evidence is admitted supporting
(d) If the issue of the existence of an affirmative defense
is submitted to the jury, the court shall charge that the defendant
must prove the affirmative defense by a preponderance of evidence.
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,
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Last modified: August 11, 2007