Texas Penal Code - Section 2.04. Affirmative Defense

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§ 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 
the defense.
	(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, 
1994.

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Last modified: August 10, 2007