reglab/statecodes huggingface dataset:
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 7 - Criminal Responsibility for Conduct of Another › Subchapter B. Corporations, Associations, Limited Liability Companies, and Other Business Entities › Section 7.22. Criminal Responsibility of Corporation, Association, Limited Liability Company, or Other Business Entity

Sec. 7.22.  CRIMINAL RESPONSIBILITY OF CORPORATION, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER BUSINESS ENTITY.  (a)  If conduct constituting an offense is performed by an agent acting in behalf of a corporation, an association, a limited liability company, or another business entity and within the scope of the agent's office or employment, the corporation, association, limited liability company, or other business entity is criminally responsible for an offense defined:
(1)  in this code where corporations, associations, limited liability companies, and other business entities are made subject thereto;
(2)  by law other than this code in which a legislative purpose to impose criminal responsibility on corporations, associations, limited liability companies, and other business entities plainly appears; or
(3)  by law other than this code for which strict liability is imposed, unless a legislative purpose not to impose criminal responsibility on corporations, associations, limited liability companies, or other business entities plainly appears.
(b)  A corporation, an association, a limited liability company, or another business entity is criminally responsible for a felony offense only if its commission was authorized, requested, commanded, performed, or recklessly tolerated by:
(1)  a majority of the governing body acting in behalf of the corporation, association, limited liability company, or other business entity; or
(2)  a high managerial agent acting in behalf of the corporation, association, limited liability company, or other business entity and within the scope of the agent's office or employment.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 4, eff. Sept. 1, 1975;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 112 (S.B. 1258), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 7 - Criminal Responsibility for Conduct of Another › Subchapter B. Corporations, Associations, Limited Liability Companies, and Other Business Entities › Section 7.23. Criminal Responsibility of Person for Conduct in Behalf of Corporation, Association, Limited Liability Company, or Other Business Entity

Sec. 7.23.  CRIMINAL RESPONSIBILITY OF PERSON FOR CONDUCT IN BEHALF OF CORPORATION, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER BUSINESS ENTITY.  (a)  An individual is criminally responsible for conduct that the individual performs in the name of or in behalf of a corporation, an association, a limited liability company, or another business entity to the same extent as if the conduct were performed in the individual's own name or behalf.
(b)  An agent having primary responsibility for the discharge of a duty to act imposed by law on a corporation, an association, a limited liability company, or another business entity is criminally responsible for omission to discharge the duty to the same extent as if the duty were imposed by law directly on the agent.
(c)  If an individual is convicted of conduct constituting an offense performed in the name of or on behalf of a corporation, an association, a limited liability company, or another business entity, the individual is subject to the sentence authorized by law for an individual convicted of the offense.
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.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 112 (S.B. 1258), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 7 - Criminal Responsibility for Conduct of Another › Subchapter B. Corporations, Associations, Limited Liability Companies, and Other Business Entities › Section 7.24. Defense to Criminal Responsibility of Corporation, Association, Limited Liability Company, or Other Business Entity

Sec. 7.24.  DEFENSE TO CRIMINAL RESPONSIBILITY OF  CORPORATION, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER BUSINESS ENTITY.  It is an affirmative defense to prosecution of a corporation, an association, a limited liability company, or another business entity under Section 7.22(a)(1) or (a)(2) that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 5, eff. Sept. 1, 1975;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 112 (S.B. 1258), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 8 - General Defenses to Criminal Responsibility › Section 8.01. Insanity

Sec. 8.01.  INSANITY.  (a)  It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.
(b)  The term "mental disease or defect" does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1983, 68th Leg., p. 2640, ch. 454, Sec. 1, eff. Aug. 29, 1983;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 8 - General Defenses to Criminal Responsibility › Section 8.02. Mistake of Fact

Sec. 8.02.  MISTAKE OF FACT.  (a)  It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.
(b)  Although an actor's mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 8 - General Defenses to Criminal Responsibility › Section 8.03. Mistake of Law

Sec. 8.03.  MISTAKE OF LAW.  (a)  It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.
(b)  It is an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon:
(1)  an official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question;  or
(2)  a written interpretation of the law contained in an opinion of a court of record or made by a public official charged by law with responsibility for interpreting the law in question.
(c)  Although an actor's mistake of law may constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the law were as he believed.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 8 - General Defenses to Criminal Responsibility › Section 8.04. Intoxication

Sec. 8.04.  INTOXICATION.  (a)  Voluntary intoxication does not constitute a defense to the commission of crime.
(b)  Evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried.
(c)  When temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by intoxication, the court shall charge the jury in accordance with the provisions of this section.
(d)  For purposes of this section "intoxication" means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 8 - General Defenses to Criminal Responsibility › Section 8.05. Duress

Sec. 8.05.  DURESS.  (a)  It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another.
(b)  In a prosecution for an offense that does not constitute a felony, it is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by force or threat of force.
(c)  Compulsion within the meaning of this section exists only if the force or threat of force would render a person of reasonable firmness incapable of resisting the pressure.
(d)  The defense provided by this section is unavailable if the actor intentionally, knowingly, or recklessly placed himself in a situation in which it was probable that he would be subjected to compulsion.
(e)  It is no defense that a person acted at the command or persuasion of his spouse, unless he acted under compulsion that would establish a defense under this section.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 8 - General Defenses to Criminal Responsibility › Section 8.06. Entrapment

Sec. 8.06.  ENTRAPMENT.  (a)  It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense.  Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.
(b)  In this section "law enforcement agent" includes personnel of the state and local law enforcement agencies as well as of the United States and any person acting in accordance with instructions from such agents.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 8 - General Defenses to Criminal Responsibility › Section 8.08. Child With Mental Illness, Disability, or Lack of Capacity

Sec. 8.08.  CHILD WITH MENTAL ILLNESS, DISABILITY, OR LACK OF CAPACITY.  (a)  On motion by the state, the defendant, or a person standing in parental relation to the defendant, or on the court's own motion, a court with jurisdiction of an offense described by Section 8.07(a)(4) or (5) shall determine whether probable cause exists to believe that a child, including a child with a mental illness or developmental disability:
(1)  lacks the capacity to understand the proceedings in criminal court or to assist in the child's own defense and is unfit to proceed; or
(2)  lacks substantial capacity either to appreciate the wrongfulness of the child's own conduct or to conform the child's conduct to the requirement of the law.
(b)  If the court determines that probable cause exists for a finding under Subsection (a), after providing notice to the state, the court may dismiss the complaint.
(c)  A dismissal of a complaint under Subsection (b) may be appealed as provided by Article 44.01, Code of Criminal Procedure.
Text of subsection effective until January 01, 2025
(d)  In this section, "child" has the meaning assigned by Article 45.058(h), Code of Criminal Procedure.
Text of subsection effective on January 01, 2025
(d)  In this section, "child" has the meaning assigned by Article 45A.453(a), Code of Criminal Procedure.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 18, eff. September 1, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.154, eff. January 1, 2025.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter A. General Provisions › Section 9.01. Definitions

Sec. 9.01.  DEFINITIONS.  In this chapter:
(1)  "Custody" has the meaning assigned by Section 38.01.
(2)  "Escape" has the meaning assigned by Section 38.01.
(3)  "Deadly force" means force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury.
(4)  "Habitation" has the meaning assigned by Section 30.01.
(5)  "Vehicle" has the meaning assigned by Section 30.01.
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 1997, 75th Leg., ch. 293, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1 (S.B. 378), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter A. General Provisions › Section 9.02. Justification as a Defense

Sec. 9.02.  JUSTIFICATION AS A DEFENSE.  It is a defense to prosecution that the conduct in question is justified under this chapter.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter A. General Provisions › Section 9.03. Confinement as Justifiable Force

Sec. 9.03.  CONFINEMENT AS JUSTIFIABLE FORCE.  Confinement is justified when force is justified by this chapter if the actor takes reasonable measures to terminate the confinement as soon as he knows he safely can unless the person confined has been arrested for an offense.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter A. General Provisions › Section 9.04. Threats as Justifiable Force

Sec. 9.04.  THREATS AS JUSTIFIABLE FORCE.  The threat of force is justified when the use of force is justified by this chapter.  For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter A. General Provisions › Section 9.05. Reckless Injury of Innocent Third Person

Sec. 9.05.  RECKLESS INJURY OF INNOCENT THIRD PERSON.  Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter A. General Provisions › Section 9.06. Civil Remedies Unaffected

Sec. 9.06.  CIVIL REMEDIES UNAFFECTED.  The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter B. Justification Generally › Section 9.21. Public Duty

Sec. 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, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter B. Justification Generally › Section 9.22. Necessity

Sec. 9.22.  NECESSITY.  Conduct is justified if:
(1)  the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;
(2)  the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct;  and
(3)  a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter C. Protection of Persons › Section 9.32. Deadly Force in Defense of Person

Sec. 9.32.  DEADLY FORCE IN DEFENSE OF PERSON.  (a)  A person is justified in using deadly force against another:
(1)  if the actor would be justified in using force against the other under Section 9.31; and
(2)   when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A)  to protect the actor against the other's use or attempted use of unlawful deadly force; or
(B)  to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
(b)  The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
(1)  knew or had reason to believe that the person against whom the deadly 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 an offense described by Subsection (a)(2)(B);
(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.
(c)  A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.
(d)  For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1983, 68th Leg., p. 5316, ch. 977, Sec. 5, eff. Sept. 1, 1983;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1995, 74th Leg., ch. 235, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1 (S.B. 378), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter C. Protection of Persons › Section 9.33. Defense of Third Person

Sec. 9.33.  DEFENSE OF THIRD PERSON.  A person is justified in using force or deadly force against another to protect a third person if:
(1)  under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect;  and
(2)  the actor reasonably believes that his intervention is immediately necessary to protect the third person.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter C. Protection of Persons › Section 9.34. Protection of Life or Health

Sec. 9.34.  PROTECTION OF LIFE OR HEALTH.  (a)  A person is justified in using force, but not deadly force, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself.
(b)  A person is justified in using both force and deadly force against another when and to the degree he reasonably believes the force or deadly force is immediately necessary to preserve the other's life in an emergency.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter C. Protection of Persons › Section 9.35. Certain Medical Treatment Provided to Pregnant Woman

Sec. 9.35.  CERTAIN MEDICAL TREATMENT PROVIDED TO PREGNANT WOMAN.  A physician or health care provider is justified in exercising reasonable medical judgment in providing medical treatment to a pregnant woman as described by Section 74.552, Civil Practice and Remedies Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 913 (H.B. 3058), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter D. Protection of Property › Section 9.41. Protection of One's Own Property

Sec. 9.41.  PROTECTION OF ONE'S OWN PROPERTY.  (a)  A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
(b)  A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
(1)  the actor reasonably believes the other had no claim of right when he dispossessed the actor;  or
(2)  the other accomplished the dispossession by using force, threat, or fraud against the actor.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter D. Protection of Property › Section 9.42. Deadly Force to Protect Property

Sec. 9.42.  DEADLY FORCE TO PROTECT PROPERTY.  A person is justified in using deadly force against another to protect land or tangible, movable property:
(1)  if he would be justified in using force against the other under Section 9.41;  and
(2)  when and to the degree he reasonably believes the deadly force is immediately necessary:
(A)  to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime;  or
(B)  to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property;  and
(3)  he reasonably believes that:
(A)  the land or property cannot be protected or recovered by any other means;  or
(B)  the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter D. Protection of Property › Section 9.43. Protection of Third Person's Property

Sec. 9.43.  PROTECTION OF THIRD PERSON'S PROPERTY.  A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1)  the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property;  or
(2)  the actor reasonably believes that:
(A)  the third person has requested his protection of the land or property;
(B)  he has a legal duty to protect the third person's land or property;  or
(C)  the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter D. Protection of Property › Section 9.44. Use of Device to Protect Property

Sec. 9.44.  USE OF DEVICE TO PROTECT PROPERTY.  The justification afforded by Sections 9.41 and 9.43 applies to the use of a device to protect land or tangible, movable property if:
(1)  the device is not designed to cause, or known by the actor to create a substantial risk of causing, death or serious bodily injury;  and
(2)  use of the device is reasonable under all the circumstances as the actor reasonably believes them to be when he installs the device.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 6, eff. Sept. 1, 1975.  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter E. Law Enforcement › Section 9.52. Prevention of Escape From Custody

Sec. 9.52.  PREVENTION OF ESCAPE FROM CUSTODY.  The use of force to prevent the escape of an arrested person from custody is justifiable when the force could have been employed to effect the arrest under which the person is in custody, except that a guard employed by a correctional facility or a peace officer is justified in using any force, including deadly force, that he reasonably believes to be immediately necessary to prevent the escape of a person from the correctional facility.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter E. Law Enforcement › Section 9.53. Maintaining Security in Correctional Facility

Sec. 9.53.  MAINTAINING SECURITY IN CORRECTIONAL FACILITY.  An officer or employee of a correctional facility is justified in using force against a person in custody when and to the degree the officer or employee reasonably believes the force is necessary to maintain the security of the correctional facility, the safety or security of other persons in custody or employed by the correctional facility, or his own safety or security.
Added by Acts 1987, 70th Leg., ch. 512, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter E. Law Enforcement › Section 9.54. Limitation on Use of Force by Drone

Text of section effective until January 01, 2025
Sec. 9.54.  LIMITATION ON USE OF FORCE BY DRONE.  (a)  In this section:
(1)  "Autonomous drone" means a drone that operates autonomously through computer software or other programming.
(2)  "Drone" and "law enforcement agency" have the meanings assigned by Article 2.33, Code of Criminal Procedure.
(b)  Notwithstanding any other law, the use of force, including deadly force, involving a drone is justified under this subchapter only if:
(1)  at the time the use of force occurred, the actor was employed by a law enforcement agency;
(2)  the use of force:
(A)  would have been justified under another provision of this subchapter; and
(B)  did not involve the use of deadly force by means of an autonomous drone; and
(3)  before the use of force occurred, the law enforcement agency employing the actor adopted and submitted to the Texas Commission on Law Enforcement a policy on the agency's use of force by means of a drone, as required by Article 2.33, Code of Criminal Procedure, and the use of force conformed to the requirements of that policy.
Added by Acts 2021, 87th Leg., R.S., Ch. 1011 (H.B. 1758), Sec. 2, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.155, eff. January 1, 2025.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter E. Law Enforcement › Section 9.54. Limitation on Use of Force by Drone

Text of section effective on January 01, 2025
Sec. 9.54.  LIMITATION ON USE OF FORCE BY DRONE.  (a)  In this section:
(1)  "Autonomous drone" means a drone that operates autonomously through computer software or other programming.
(2)  "Drone" and "law enforcement agency" have the meanings assigned by Article 2B.0253, Code of Criminal Procedure.
(b)  Notwithstanding any other law, the use of force, including deadly force, involving a drone is justified under this subchapter only if:
(1)  at the time the use of force occurred, the actor was employed by a law enforcement agency;
(2)  the use of force:
(A)  would have been justified under another provision of this subchapter; and
(B)  did not involve the use of deadly force by means of an autonomous drone; and
(3)  before the use of force occurred, the law enforcement agency employing the actor adopted and submitted to the Texas Commission on Law Enforcement a policy on the agency's use of force by means of a drone, as required by Article 2B.0253, Code of Criminal Procedure, and the use of force conformed to the requirements of that policy.
Added by Acts 2021, 87th Leg., R.S., Ch. 1011 (H.B. 1758), Sec. 2, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.155, eff. January 1, 2025.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter F. Special Relationships › Section 9.61. Parent-Child

Sec. 9.61.  PARENT-CHILD.  (a)  The use of force, but not deadly force, against a child younger than 18 years is justified:
(1)  if the actor is the child's parent or stepparent or is acting in loco parentis to the child;  and
(2)  when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.
(b)  For purposes of this section, "in loco parentis" includes grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child, and anyone who has express or implied consent of the parent or parents.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter F. Special Relationships › Section 9.62. Educator-Student

Sec. 9.62.  EDUCATOR-STUDENT.  The use of force, but not deadly force, against a person is justified:
(1)  if the actor is entrusted with the care, supervision, or administration of the person for a special purpose;  and
(2)  when and to the degree the actor reasonably believes the force is necessary to further the special purpose or to maintain discipline in a group.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 9 - Justification Excluding Criminal Responsibility › Subchapter F. Special Relationships › Section 9.63. Guardian-Incompetent

Sec. 9.63.  GUARDIAN-INCOMPETENT.  The use of force, but not deadly force, against a mental incompetent is justified:
(1)  if the actor is the incompetent's guardian or someone similarly responsible for the general care and supervision of the incompetent;  and
(2)  when and to the degree the actor reasonably believes the force is necessary:
(A)  to safeguard and promote the incompetent's welfare;  or
(B)  if the incompetent is in an institution for his care and custody, to maintain discipline in the institution.
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.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter A. General Provisions › Section 12.01. Punishment in Accordance With Code

Sec. 12.01.  PUNISHMENT IN ACCORDANCE WITH CODE.  (a)  A person adjudged guilty of an offense under this code shall be punished in accordance with this chapter and the Code of Criminal Procedure.
(b)  Penal laws enacted after the effective date of this code shall be classified for punishment purposes in accordance with this chapter.
(c)  This chapter does not deprive a court of authority conferred by law to forfeit property, dissolve a corporation, suspend or cancel a license or permit, remove a person from office, cite for contempt, or impose any other civil penalty.  The civil penalty may be included in the sentence.
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.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter A. General Provisions › Section 12.02. Classification of Offenses

Sec. 12.02.  CLASSIFICATION OF OFFENSES.  Offenses are designated as felonies or misdemeanors.
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.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter A. General Provisions › Section 12.03. Classification of Misdemeanors

Sec. 12.03.  CLASSIFICATION OF MISDEMEANORS.  (a)  Misdemeanors are classified according to the relative seriousness of the offense into three categories:
(1)  Class A misdemeanors;
(2)  Class B misdemeanors;
(3)  Class C misdemeanors.
(b)  An offense designated a misdemeanor in this code without specification as to punishment or category is a Class C misdemeanor.
(c)  Conviction of a Class C misdemeanor does not impose any legal disability or disadvantage.
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.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter A. General Provisions › Section 12.04. Classification of Felonies

Sec. 12.04.  CLASSIFICATION OF FELONIES.  (a)  Felonies are classified according to the relative seriousness of the offense into five categories:
(1)  capital felonies;
(2)  felonies of the first degree;
(3)  felonies of the second degree;
(4)  felonies of the third degree;  and
(5)  state jail felonies.
(b)  An offense designated a felony in this code without specification as to category is a state jail felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1973, 63rd Leg., p. 1125, ch. 426, art. 2, Sec. 3, eff. Jan. 1, 1974;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter B. Ordinary Misdemeanor Punishments › Section 12.21. Class a Misdemeanor

Sec. 12.21.  CLASS A MISDEMEANOR.  An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1)  a fine not to exceed $4,000;
(2)  confinement in jail for a term not to exceed one year;  or
(3)  both such fine and confinement.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter B. Ordinary Misdemeanor Punishments › Section 12.22. Class B Misdemeanor

Sec. 12.22.  CLASS B MISDEMEANOR.  An individual adjudged guilty of a Class B misdemeanor shall be punished by:
(1)  a fine not to exceed $2,000;
(2)  confinement in jail for a term not to exceed 180 days;  or
(3)  both such fine and confinement.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter B. Ordinary Misdemeanor Punishments › Section 12.23. Class C Misdemeanor

Sec. 12.23.  CLASS C MISDEMEANOR.  An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter C. Ordinary Felony Punishments › Section 12.31. Capital Felony

Sec. 12.31.  CAPITAL FELONY.  (a)  An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for life without parole or by death.  An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for:
(1)  life, if the individual committed the offense when younger than 18 years of age; or
(2)  life without parole, if the individual committed the offense when 18 years of age or older.
(b)  In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment without parole or death is mandatory on conviction of a capital felony.  In a capital felony trial in which the state does not seek the death penalty, prospective jurors shall be informed that the state is not seeking the death penalty and that:
(1)  a sentence of life imprisonment is mandatory on conviction of the capital felony, if the individual committed the offense when younger than 18 years of age; or
(2)  a sentence of life imprisonment without parole is mandatory on conviction of the capital felony, if the individual committed the offense when 18 years of age or older.
Added by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, Sec. 2, eff. Jan. 1, 1974.  Amended by Acts 1991, 72nd Leg., ch. 652, Sec. 12, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 838, Sec. 4, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2005, 79th Leg., Ch. 787 (S.B. 60), Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.145, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 765 (S.B. 839), Sec. 1, eff. September 1, 2009.
Acts 2013, 83rd Leg., 2nd C.S., Ch. 2, Sec. 1, eff. July 22, 2013.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter C. Ordinary Felony Punishments › Section 12.32. First Degree Felony Punishment

Sec. 12.32.  FIRST DEGREE FELONY PUNISHMENT.  (a)  An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years.
(b)  In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Renumbered from Penal Code Sec. 12.31 by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, Sec. 2, eff. Jan. 1, 1974.  Amended by Acts 1979, 66th Leg., p. 1058, ch. 488, Sec. 1, eff. Sept. 1, 1979;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.146, eff. September 1, 2009.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter C. Ordinary Felony Punishments › Section 12.33. Second Degree Felony Punishment

Sec. 12.33.  SECOND DEGREE FELONY PUNISHMENT.  (a)  An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years.
(b)  In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Renumbered from Penal Code Sec. 12.32 by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, Sec. 2, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.147, eff. September 1, 2009.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter C. Ordinary Felony Punishments › Section 12.34. Third Degree Felony Punishment

Sec. 12.34.  THIRD DEGREE FELONY PUNISHMENT.  (a)  An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years.
(b)  In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Renumbered from Penal Code Sec. 12.33 by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, Sec. 2, eff. Jan. 1,1974.  Amended by Acts 1989, 71st Leg., ch. 785, Sec. 4.01, eff. Sept. 1, 1989;  Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 7, eff. June 18, 1990;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.148, eff. September 1, 2009.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter C. Ordinary Felony Punishments › Section 12.35. State Jail Felony Punishment

Sec. 12.35.  STATE JAIL FELONY PUNISHMENT.  (a)  Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.
(b)  In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.
(c)  An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:
(1)  a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or
(2)  the individual has previously been finally convicted of any felony:
(A)  under Section 21.02 or listed in Article 42A.054(a), Code of Criminal Procedure; or
(B)  for which the judgment contains an affirmative finding under Article 42A.054(c) or (d), Code of Criminal Procedure.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.48, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 122 (H.B. 3000), Sec. 13, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.81, eff. January 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 17.001, eff. September 1, 2023.