When can you legally use deadly force in Texas?

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BenGoodLuck
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When can you legally use deadly force in Texas?

Post by BenGoodLuck »

Found this very helpful poster.


Small version:

[Sorry, copyrighted material deleted. Feel free to type the list without a reference to the source.]
Last edited by BenGoodLuck on Thu Jul 31, 2014 3:56 pm, edited 1 time in total.
EnigmaEvo8
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Re: When can you legally use deadly force in Texas?

Post by EnigmaEvo8 »

Thanks for sharing, pretty simple.
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Keith B
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Re: When can you legally use deadly force in Texas?

Post by Keith B »

Better look at that again. The poster is when you can use deadly force in defense of OTHERS (TPC 9.33)

TPC 9.32 is when you can use deadly force for SELF defense
§ 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person
is justified in using deadly force against another:
(1) if he would be justified in using force against the
other under Section 9.31;
(2) if a reasonable person in the actor's situation
would not have retreated; and
(3) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to protect himself 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 requirement imposed by Subsection (a)(2) does not
apply to an actor who uses force against a person who is at the time
of the use of force committing an offense of unlawful entry in the
habitation of the actor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1983, 68th Leg., p. 5316, ch. 977, § 5, eff.
Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept.
1, 1994; Acts 1995, 74th Leg., ch. 235, § 1, eff. Sept. 1, 1995.
Keith
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BenGoodLuck
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Re: When can you legally use deadly force in Texas?

Post by BenGoodLuck »

The purpose of the poster is to summarize when you can legally use deadly force in Texas to protect yourself or another person.

The poster's main section is presenting the law as written in 9.32 and the box at the bottom includes the law in 9.33.

§ 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person
is justified in using deadly force against another:
(1) if he would be justified in using force against the
other under Section 9.31;
(2) if a reasonable person in the actor's situation
would not have retreated; and
(3) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to protect himself 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 requirement imposed by Subsection (a)(2) does not
apply to an actor who uses force against a person who is at the time
of the use of force committing an offense of unlawful entry in the
habitation of the actor.

§ 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.

§ 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.
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gigag04
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Re: When can you legally use deadly force in Texas?

Post by gigag04 »

When you're justified :lol:
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Keith B
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Re: When can you legally use deadly force in Texas?

Post by Keith B »

I think it is a little to high level and a little misleading, but guess it is trying to convey a message.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

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mojo84
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Re: When can you legally use deadly force in Texas?

Post by mojo84 »

Seems to me lime the poster is dealing with defense of others.
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Ameer
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Re: When can you legally use deadly force in Texas?

Post by Ameer »

mojo84 wrote:Seems to me lime the poster is dealing with defense of others.
The poster says LAW OF DEFENSE OF OTHERS in big letters at the top so I think you're right. :thumbs2:
I believe the basic political division in this country is not between liberals and conservatives but between those who believe that they should have a say in the personal lives of strangers and those who do not.
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mojo84
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Re: When can you legally use deadly force in Texas?

Post by mojo84 »

Ameer wrote:
mojo84 wrote:Seems to me lime the poster is dealing with defense of others.
The poster says LAW OF DEFENSE OF OTHERS in big letters at the top so I think you're right. :thumbs2:

;-)
Note: Me sharing a link and information published by others does not constitute my endorsement, agreement, disagreement, my opinion or publishing by me. If you do not like what is contained at a link I share, take it up with the author or publisher of the content.
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