I stand corrected. However, as written, the actor must use force for the immunity to apply. A threat of force or deadly force that justifies a response of deadly force may not qualify for civil immunity under this statute, although IANAL.srothstein wrote:DoubleactionCHL,
I believe you may have an old copy of the code, as the one posted by Joe817 is an exact quote from the state's legislative web site for the official statutes. It was revised in 2007 and your version may not include that revision.
here is a link to the code:
http://www.statutes.legis.state.tx.us/D ... htm#83.001" onclick="window.open(this.href);return false;
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Return to “[Pre-paid legal service] and Pre-Paid Legal”
- Sun Mar 21, 2010 11:04 pm
- Forum: General Texas CHL Discussion
- Topic: [Pre-paid legal service] and Pre-Paid Legal
- Replies: 79
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Re: [Pre-paid legal service] and Pre-Paid Legal
- Sun Mar 21, 2010 10:16 pm
- Forum: General Texas CHL Discussion
- Topic: [Pre-paid legal service] and Pre-Paid Legal
- Replies: 79
- Views: 22826
Re: [Pre-paid legal service] and Pre-Paid Legal
The complete statute is as follows:joe817 wrote:CHAPTER 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON
Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.
Added by Acts 1995, 74th Leg., ch. 235, Sec. 2, eff. Sept. 1, 1995."
Amended by: Acts 2007, 80th Leg., R.S., Ch. 1, Sec. 4, eff. September 1, 2007."
Sec. 83.001. CIVIL IMMUNITY [AFFIRMATIVE DEFENSE]. A [It is an affirmative defense to a civil action for damages for personal injury or death that the] defendant who uses force or[, at the time the cause of action arose, was justified in using] deadly force that is justified under Chapter 9 [Section 9.32], Penal Code, is immune from civil liability for personal injury or death that results from the defendant’s [against a person who at the time of the] use of force or deadly force, as applicable [was committing an offense of unlawful entry in the habitation of the defendant].