Penal Code

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Author:
Anonymous
ID:
65879
Filename:
Penal Code
Updated:
2011-02-12 15:05:21
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Penal Code Texas
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Description:
Chapter 9
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  1. Sec. 9.01
    Deadly Force
    "Deadly Force" means force that is intended or known by the actor to cause, or in the manner of it's use or intended use is capable of causing, death or serious bodily injury.
  2. Sec 9.05 Reckless Injury of Innocent Third Person

    If an actor recklessly injures or kills an innocent third person in the defense of another, is the justification afforded by this chaper available?
    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 of the innocent third person.
  3. Sec 9.21 Public Duty
    Is the use of force only justified under this section if the actor reasonably believes the deadly force is specifically required by statute? In what other situation is it justified, if any?
    The use of dealy 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.
  4. Sec. 9.31 Self - Defense
    When is a person justified in using force against another?
    A person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor aginst the other's use or attempted use unlawful force.
  5. Sec. 9.31
    Self - Defense

    When is the use of force against another not justified?
    The use of force against another is not justified: (1) In the reponse 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.
  6. Sec. 9.31
    Self - Defense
    Can the use of force to resist arrest or search be justified?
    The use of force to resist an arrest or search is justified when a peace officer uses or attempts to use greater force than necessary to make an arrest or search and when the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's use or attempted use of greater force than necessary.
  7. Sec. 9.34 Protection of Life or Health
    Is a person justified in using deadly force, against another to prevent the other from committing suicide or inflicting serious bodily injury to himself?
    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.
  8. Sec. 9.34 Protection of Life or Health

    When is a person justified in using both force and deadly force in the protection of life or health?
    A person is justified in using both force and dealy 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.
  9. Sec 9.42 Deadly Force to Protect Property

    In what instances can someone use deadly force in protection of property if the actor is fleeing?
    • 1. arson
    • 2. burglary
    • 3. robbery
    • 4. aggravated robbery
    • 5. theft during the nightime
    • **criminal mischief during the nightime is only during the imminent commission.
  10. Sec. 9.52 Prevention of Escape from Custody

    Who is justified in using deadly force to prevent the escape of a person from the correctional facility?
    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.

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