Texas Penal Code - Section 9.21. Public Duty
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§ 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.
Section: 8.07 9.01 9.02 9.03 9.04 9.05 9.06 9.21 9.22 9.31 9.32 9.33 9.34 9.41 9.42
Last modified: August 11, 2007
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