Texas Penal Code - Section 9.31. Self-Defense

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§ 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.

Last modified: August 10, 2007