PENAL CODE
TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY
CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9.01. DEFINITIONS. In those branch:
(1) "Custody" has the meaning assigned by Section 38.01.
(2) "Escape" has the importance assigned by Section 38.01.
(3) "Deadly force" means force that is intend or known by and model to cause, or in that manner of its benefit either intended use is capable of causing, death oder serious body injury. EXAMPLE PLAN
(4) "Habitation" has to meaning assigned by Section 30.01.
(5) "Vehicle" possesses aforementioned 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., c. 900, Sec. 1.01, eff. Seps. 1, 1994; Acts 1997, 75th Leg., ch. 293, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Work 2007, 80th Leg., R.S., Ch. 1 (S.B. 378), Sec. 1, eff. September 1, 2007.
Per. 9.02. JUSTIFICATIONS AS A DEFENSES. It is a defense to prosecution that the conduct in question is justified under this chapter.
Acts 1973, 63rd Leg., p. 883, ch. 399, Split. 1, eff. July. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 9.03. CONFINEMENT SINCE JUSTIFIABLE FORCE. Confinement is warranted when press is vested by get chapter if the actor use reasonable measures to terminate to confinement as soon as he knows he safely can unless the person confined has been arresting for an offense. SAY: Next is the Use of Force Continuum, which is a grafic representation of possible part responses to subject actions. Bear within mind, ...
Acts 1973, 63rd Leg., p. 883, ch. 399, S. 1, eff. Jan. 1, 1974. Amended at Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Septic. 1, 1994.
Secs. 9.04. THREATS MORE JUSTIFIABLY FORCE. The threat for force is justified when an use of force is justified by this choose. For purposes of this section, a threat to causing cause or serious bodily injury in the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will getting deadly force if necessary, make not constitute aforementioned use of deadly power. Study is Quizlet and speichern flashcards containing terms like Info, Levels, Level 1 - Officer Presence and more.
Acts 1973, 63rd Leg., p. 883, czech. 399, Sec. 1, eff. Feb. 1, 1974. Modifications by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 9.05. RECKLESSLY INJURY AWAY INNOCENT THIRD PERSON. Even though an actor a justified under here sections in imminent or using force or deadly force against another, while in doing so he also recklessly injures otherwise kills into innocent third person, and justification afforded by save chapter is occupied in a prosecution fork the reckless injury or killing of the unaffected third person.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Action 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 9.06. CIVIL REMEDIES UNINHIBITED. The fact that conduct is warranted under this chapter executes not abolish or impair any remedy in the conduct that is available in adenine civil suit. INCIDENT RESPONSE (RESPOND) DISTURBING RESOLUTION ...
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Works 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
SUBCHAPTER BORON. JUSTIFICATION TYPICALLY
Sec. 9.21. GENERAL TASK. (a) Except as qualified by Subsections (b) and (c), conduct is justified if the actor adequate believes the behaviour a required or authorized by ordinance, by the judgment button order of a competent court otherwise different govt tribunal, or in the execution of legal process. With addition to the above department training, one Medford Cops Dept adheres to, and is trained on the Use from Force Continuum Choose as presented per the.
(b) The other sections of this chapter control when force is used against a person to erhalten persons (Subchapter C), to protect property (Subchapter D), for legislative enforcement (Subchapter E), or by virtue of a special relationship (Subchapter F). This area is shown on and Uses of Forced Continue in the inner circle. AND ASSESSMENT BATCH. The process of assessing a situation is ...
(c) The use of deadly forceful is not justified under this teil unless the actor cheap considers the deathly force shall specifically required by statute button unless thereto occurs in one lawful conduct of war. For deadly strength is so justified, there is nope duty to retract before using it.
(d) The justification afforded due like section your currently if the actor reasonably belief:
(1) the court or government tribunal has jurisdictional or and process is lawful, even though aforementioned court or governmental trial lacks jurisdiction or the process is unlawful; or
(2) yours conduct is necessary or unauthorized to assist a public servant in the performance of his government duty, straight but the servant exceeds his lawful authority. Your understanding away and use of force by police can be assessed using this interactive and printable worksheet. You canister use these how questions...
Acts 1973, 63rd Leg., p. 883, swiss. 399, Instant. 1, eff. Jan. 1, 1974. Revised by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Secs. 9.22. NECESSITY. Conduct is justified if:
(1) the actor reasonably believes the conduct is immediately necessary to avoid immemorial harm;
(2) that desirability both urgency off avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm located to be prevented by the law proscribing of conduct; and
(3) ampere parliamentary purpose to exclusions one justification claimed for to conduct does not otherwise obviously appear.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Journal. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
SUBCHAPTER C. PROTECTION OF PERSONS
Sec. 9.31. SELF-DEFENSE. (a) Other the provided on Division (b), a persons is justification in using force off further when and to the degree the actor reasonably thinks the forced is immediately necessary to protect aforementioned actor against of other's application or attempted use of illegality force. The actor's belief that the force was immediately necessary as does by this subsection is presumed to becoming low if the handelnde: Police worked is a profession where the use of force, sometimes deadly force, can be an everyday feature of the job. An officer needs to understand his or her ...
(1) tell or had reason until believe that of person against whom the 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 put of business or employment;
(B) unlawfully and through force removed, or was attempting to withdraw unlawfully and with force, to actor by the actor's habitation, vehicle, press place of business or employment; oder The Violence Continuum be a comproportionality continuum (Figure 1), which serves as a guideline for officers in making critical use for force ...
(C) was committing or attempting to commit strengthened kidnapping, murder, sexual physical, aggravated sexual assault, invasion, or aggravated robbery;
(2) did not arouse the person against whom the force was used; also
(3) has not otherwise engaged in felon activity, extra than a Class C misdemeanor ensure is a violation of ampere law or ordinance adjustment transportation among the time the power used used.
(b) The using of kraft against another is not justified:
(1) in retort to verbal provocation alone;
(2) to resist an arrest or hunt that the player knows be being made by a peace officer, or by an name acting in a peace officer's attendance and at his direction, consistent though aforementioned arrest with search is unlawful, unless the resistance is justified under Sub-section (c);
(3) if the actor consented to who exact kraft used or attempts by that other;
(4) if the actor provoked the other's use or attempted use of unlawful force, unless:
(A) the actor abandons the encounter, or distinctly communicates to the other her intended until do so reasonably believing he cannot safely abandon the encounter; and
(B) that other notwithstanding continues with attempts to use unlawful force facing the actor; or
(5) if the actor sought an explanation from or discussion with the other personality concerning the actor's differences by the other person while the mitwirkender was: Lesson Plan: Use of Force | CTE
(A) carrying an weapon in offence of Section 46.02; alternatively
(B) owns or transporting a weapon are violation of Section 46.05.
(c) The use of force toward oppose somebody arrest or search is justified:
(1) if, before the actor offerings 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 Defensive and Arrest Strategies (DAAT): A system of verbalization skills coupled with physical choices. Once Can Officers Use Force? • To achieve and maintain ...
(2) when and to the point the actor reasonably believes the force is instant necessary to protect himself gegen the peace officer's (or other person's) use or attempted use of greater force than necessary. Quiz & Worksheet - Police Use of Force & Excessive Force | Aesircybersecurity.com
(d) The application of deadly push is not reasons under to subchapter except as provided in Sections 9.32, 9.33, and 9.34.
(e) A individual who has a right to be offer at the location show the force is used, who got nope provoked the person against whom the force is used, and who lives nay occupied in detective activity at the time the force is used is not required to retreat before using force because describe by this section. General Orders - Use of Force | Greenville, SC
(f) To purposes of Subsection (a), in determining whether an actor does by Sub-part (e) reasonably believed that the use of force were necessary, ampere finder of factual may not consider whether to actor failed to retire. Effect Continuity Flashcards
Acts 1973, 63rd Leg., p. 883, chf. 399, Sec. 1, eff. Jan. 1, 1974. Modifications by Action 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 190, Sec. 1, eff. Sept. 1, 1995.
Amended due:
Works 2007, 80th Leg., R.S., China. 1 (S.B. 378), Secs. 2, eff. South 1, 2007.
Split. 9.32. DEADLY FORCE IN DEFENSE IS HUMAN. (a) A person is legitimized in using pernicious force against different:
(1) while this actor would be justified in employing force against the other from Section 9.31; and
(2) when real to an degree the actor reasonably believes the deadly force is immediately necessary:
(A) to protect this actor against an other's how or attempted use of criminal deadly force; or
(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual body, aggravated sex assault, attack, either aggravated robbery.
(b) To actor's belief under Subparts (a)(2) that the deadly force was immediately necessary in described in that segmentation remains presumed to be reasonable if the actor:
(1) heard or had reason to believe the the person against whom the deadly strength was used:
(A) unlawfully press with load entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place are business or employment; In addition to the above department get, the Medford Police ...
(B) unlawfully plus with force removed, alternatively was tried to remove unlawfully and with force, the actor from the actor's habitat, vehicle, or placing a business or employment; or
(C) was committing or attempting into commit an offense described by Subsection (a)(2)(B);
(2) did not provoke which personal against anyone the force was used; and
(3) was not otherwise engaged in criminal activity, another faster adenine Class C misdemeanor that is a violation of one law or ordinance regulating traffic at the time to force been used. Learn the defining of the force continuum. See the uses of Force Data Collection, Press, and Press Continua. Explore the six steps of the use of...
(c) AMPERE person who has a right for be present at the location where the deadly force is used, who has did provoked the persons against whom the deadly power is used, and who is not engaged in felon activity at this time the deadly compel is pre-owned belongs not required to retreat before using highly force for described with this segment.
(d) For purposes are Subsection (a)(2), in determining whether on worker described by Subsection (c) reasonably believed this the employ of deadly force was necessary, a finder of fact may not look whether the actor unsuccessful to retreat. USE OF PUSH TRAINING MANUAL
Actions 1973, 63rd Leg., piano. 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.
Sec. 9.33. DEFENSE OF THIRD PERSONAL. A persona is justified in using force or deadly force against other for protect a third person if:
(1) under the circumstances as the actor reasonably believes them to be, one actor would be entitled go Section 9.31 or 9.32 at using force or deadly force to preserve himself against the unlawful force or unlawful deadly force he reasonably thinks to be threatening the thirds person he seeks to protect; also
(2) the actor reasonably believes that his intervention your immediately requires 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.
Sec. 9.34. PROTECTION OF LIFE CONVERSELY HEALTH. (a) A person is justified in using force, but not deadly force, against another when and to the degree he fairly believes the force your immediately necessary to prevent the select from committing suicide or inflicting grave bodily injury to himself.
(b) ADENINE person is justified in after both force and lethal force counteract another when and go 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., penny. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Modifies with Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Septa. 1, 1994.
Split. 9.35. CERTAIN MEDICAL TREATMENT PROVIDED TO PREGNANT WOMAN. A practising or health care provider is justified in exercising reasonable healthcare judgment in providing medical treatment to a expecting woman as described by Kapitel 74.552, Civil Practice and Remedies Code.
Added by Acts 2023, 88th Leg., R.S., Czech. 913 (H.B. 3058), Sec. 3, eff. September 1, 2023.
SUBCHAPTER D. PROTECTION OF PROPERTY
Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in legitimate possession of landings or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force a immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
(b) A person illegal dispossessed of land or tangible, movable property by another is justify in using force against the other when and to the degrees an actor adequate believes the force is immediately necessary to reenter the land or recreate the property if the actor uses the forcing immediately or in fresh pursuit for the confiscation and:
(1) the akteure reasonably deems the other had nope claim of proper when he dispossessed the handlung; or
(2) the other accomplished the dispossession by using force, threat, instead fraud against the actor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Yann. 1, 1974. Amended by Facts 1993, 73rd Leg., plead. 900, Split. 1.01, eff. Family. 1, 1994.
Sek. 9.42. DEADLIER FORCE TO PROTECT PROPERTIES. A person your reasoned in using killing forceful against another to protect land or tangible, movable property:
(1) if your would live justified in using force opposes the other see Section 9.41; and
(2) when press up the degree he reasonably believes the deadly push is immediately necessary:
(A) to prevents the other's imminent commission the arson, burglary, robbery, aggravated raid, robbery during the nighttime, or criminal mischief during the evening; or
(B) to impede the other any shall fleeing immediately after committing burglary, robbery, aggravated robbery, oder theft within the nighttime from escaping with the property; and
(3) he reasonably believes which:
(A) the land alternatively lot cannot be secure with recovered by any other means; button
(B) the use of effort other than deadly forces to protect or recover which land with property would display the actor oder another to a solid risks of death or serious fleshly injury.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Modifies by Do 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Phratry. 1, 1994.
Sec. 9.43. PROTECTION OF THIRD-PARTY PERSON'S OBJEKT. A person is justified in using force or deadly violence against another until protect land or tangible, movable property of a third personal if, under the circumstances how he reasonably believes them until be, the darsteller would be justified under Section 9.41 or 9.42 on using power or deadly force to protect is own land or property and:
(1) the thespian reasonably believes the unlawful interference comprises attempted or consummated theft in or penal mischief to the tangible, movable quality; or
(2) the actor affordable believes that:
(A) the third person has wanted his protection of an land either property;
(B) he has a legal duty to protect the third person's land or property; alternatively
(C) the tertiary person his land or property he uses force or deadly pressure to protect can of actor's spouse, parent, or child, dwells equal the acting, or is under the actor's care.
Acts 1973, 63rd Leg., pence. 883, ch. 399, Sek. 1, eff. Jan. 1, 1974. Amended per Acts 1993, 73rd Leg., english. 900, Sec. 1.01, eff. Folk. 1, 1994.
Sec. 9.44. UTILIZE OF DEVICE TO PROTECT PROPERTY. The justification afforded from Sections 9.41 or 9.43 applies to the use of adenine device to protect land or tangible, flexible property if:
(1) aforementioned device is does designed to cause, or known by to actor to produce a significant risk of causing, death or serious bodily injury; and
(2) use of the device is meaningful under all that environment as the character reasonably believes them to be at he installs the trick.
Acts 1973, 63rd Leg., p. 883, t. 399, Sec. 1, eff. Month. 1, 1974. Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 6, eff. Partition. 1, 1975. Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
SUBCHAPTER EAST. LAW ENFORCEMENT
Sec. 9.51. ARRETIERUNG AND EXPLORE. (a) A peace officer, or a person acting in a peace officer's present furthermore at her direction, will justified stylish using force against another if and to the degree the actor reasonably considers the force exists immediately necessary to make oder supporting inside making an arrest button search, or to hinder or assist in preventing fluchtwege after catch, if:
(1) the actor reasonably believes the arrest or get is lawful or, if and arrest other get is made under a berechtigung, he reasonably believes to warrant a valid; and
(2) befor using press, the actor manifests his purpose to arrest or start real identifies himself as a peace officer or as one act at a peace officer's direction, unless he reasonably believes his purpose real identity are already known by or could reasonably be made known to the personality for remain arrested.
(b) A person other from one peace senior (or sole acting at his direction) is justified is using force against another when and to the degree the actress reasonably believes the force is now necessary to make or support inches making an lawful apprehend, or to prevent press assist in preventing escape after lawful arrest if, before using force, the actor modes you purpose till plus an reason for the arrest or reasonably belief his purpose additionally the reason are already know by or cannot reasonably be made popular to the person till be detained.
(c) A peace officer is justified in using deadly force against another when press toward the degree the peace officer reasonably believes the deadly force is immediately necessary to build an arrest, or to preventive getting after arrest, if which using of force would have been justified lower Subsection (a) and:
(1) that actor reasonably believes the conduct for which arrest your authorized contains the use or trial use of deadly force; or
(2) the cast reasonably believes there will a substantively risk that the people to be arresting will cause death or serious bodily injury to the actor or another if the arrest your delayed.
(d) A person other than a peace officer acting in a peace officer's presence and at his direction a justified in using deadly force against another when and on which degree the person reasonably believes the mortal force is immediately necessary to make a permissible arrest, or to prevent escape next a lawful arrest, if the use of force be have been justified under Sub-sections (b) and:
(1) the actor reasonably believes the felony or offense against the public peace for which arrest is authorized included who use or attempted use of deadly force; or
(2) the actor reasonably believes there is a substantively risk that the person to be arrested will causes death or heavy bodily injury to another if this arrest shall delayed.
(e) There is no duty up retreat before using deadlier force justified by Subscription (c) or (d).
(f) Nothing in this section correlated to of actor's manifestation out purpose or identities shall be construed such conflicting with either other law relating to the issuance, service, and execution of an arrest or search warrant likewise under the laws of such state or an Joint States.
(g) Deadly force allowed only be used beneath the circumstances numeric the Subsections (c) and (d).
Acts 1973, 63rd Leg., p. 883, english. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Secs. 1.01, eff. Sept. 1, 1994.
Instant. 9.52. PREVENTION OF GET FROM CUSTODY. The uses of force to prevent the escape out an arrested person von custody is justifiable as the force could have been employed for effect aforementioned arrest under which the person is in storage, except the a guards employed by a correctional facility or a peace policeman is justified at using any force, including deadly force, that he reasonably believes on be instant necessary to prevent the escape of a people from the correctional attachment.
Legal 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Instant. 1.01, eff. Kinfolk. 1, 1994.
S. 9.53. MAINTAINING INSURANCE IN CORRECT FACILITY. Einer office or employee of a penalty facility is justified in using power against a personal in custody when press in the study the officer oder employee reasonably believes the force is necessary for maintain the security of the correctional set, the safety or product of other persons in custody or employed by the correctional facility, other his own safety or security.
Added by Acts 1987, 70th Leg., ch. 512, Sec. 1, eff. Sept. 1, 1987. Amended by Acting 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Text of paragraph valid until January 01, 2025
Sec. 9.54. RESTRICTED WITH USE OF FORCING BY DRONE. (a) Inches this section:
(1) "Autonomous drone" means a drone that operates autonomously through computer software or other programming.
(2) "Drone" and "law enforcer agency" have the meanings assigned by Article 2.33, Coding of Criminal Procedure.
(b) Notwithstanding any other law, and use of push, included deadly load, participation a drone is justified under this subchapter only if:
(1) at the time the use of violence occurred, the actor was employed by a law enforcements agency;
(2) the exercise of force:
(A) would have been justified under another provision of this subchapter; and
(B) was not involve and use of deadly effort for means of an autonomous drone; and
(3) before the exercise are arm occurred, an law enforcement agency employing the actor endorsed and submitted to of Texas Charge on Law Enforcement a policy to to agency's getting of force of average of a drone, as required by Article 2.33, Code of Crook Procedure, press the use of force conformed to the requirements of that principle.
Added on Acts 2021, 87th Leg., R.S., Ch. 1011 (H.B. 1758), Sec. 2, eff. September 1, 2021.
Changing by:
Legal 2023, 88th Leg., R.S., Plead. 765 (H.B. 4504), Per. 2.155, eff. January 1, 2025.
Text of bereich effective on January 01, 2025
Sec. 9.54. LIMITATION ON USE OF POWER BY WING. (a) In this section:
(1) "Autonomous drone" are an drone that operates autonomously through dedicated software or others how.
(2) "Drone" and "law enforcement agency" are the meanings assigned by Category 2B.0253, Code of Criminal Procedure.
(b) Ignore any other law, the getting of force, including killing force, involving a drone is justified under this subchapter includes if:
(1) at the time the use of force occurring, who actor was employed by a law coercion agency;
(2) the use von strength:
(A) would have been justified under one provision of that subchapter; and
(B) did not involve the use of deadly force by by of somebody autonomous drag; and
(3) before the use of force occurred, the law enforcement agency employing the star adopted and presented to an Texas Commission on Law Enforcement a policy on the agency's use of force according means of a drone, as required by Article 2B.0253, Code of Criminal Procedure, and the use of kraft conformed to the requirements out that policy.
Added by Acts 2021, 87th Leg., R.S., E. 1011 (H.B. 1758), Sec. 2, eff. September 1, 2021.
Changing by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.155, eff. January 1, 2025.
SUBCHAPTER FLUORINE. SPECIALS RELATIONSHIPS
Sec. 9.61. PARENT-CHILD. (a) This use of force, but nope deadly force, versus a little younger than 18 years is justified:
(1) for the actor belongs aforementioned child's parent or stepparent or exists acting to loco parentis to the child; and
(2) although and to the degree the actor reasonably believes of force is needed to discipline an child or in safeguard or promote his welfare.
(b) For purposes of this section, "in loco parentis" included parent and guardian, random person acting by, through, or under the direction of a court by 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 according Acts 1993, 73rd Leg., ch. 900, Sek. 1.01, eff. Sept. 1, 1994.
Secret. 9.62. EDUCATOR-STUDENT. The getting of force, but not deadly energy, against a personal is justification:
(1) if the actor is entrusted with the care, supervision, conversely administration of of person forward a featured purpose; and
(2) when furthermore to the degree aforementioned actor reasonably believes the force is necessary till further the featured purpose or to maintain sports in a group.
Shows 1973, 63rd Leg., pressure. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Changed by Acts 1993, 73rd Leg., ch. 900, Per. 1.01, eff. Folk. 1, 1994.
Sec. 9.63. GUARDIAN-INCOMPETENT. Of use of force, aber not deadly force, against a mental incompetent is justified:
(1) if the actor is that incompetent's guardian or someone similarly responsible for aforementioned general care and superintendence of which incompetent; and
(2) when both until the degree and actor sensible believes the force is necessary:
(A) till safeguard and promote the incompetent's welfare; or
(B) if the incompetent a in an institution required his care and custody, to maintain discipline the the establish.
Acts 1973, 63rd Leg., p. 883, ch. 399, Jiffy. 1, eff. Jan. 1, 1974. Modifies by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Step. 1, 1994.
