PC Section 9 Flashcards
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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, ____ or ____
death or serious bodily injury.
Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the______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 ______
use of force is justified
constitute the use of deadly force.
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 ______in a prosecution for the reckless injury or killing of the innocent third person.
unavailable
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
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 ______or other governmental tribunal, or in the execution of _____.
competent court
legal process
Sec. 9.21. PUBLIC DUTY.
(b) The other sections of this chapter control when force is used against a person to protect ______(Subchapter C), to protect ______(Subchapter D), for _____(Subchapter E), or by virtue of a ______(Subchapter F).
persons
property
law enforcement
special relationship
Sec. 9.21. PUBLIC DUTY.
(c) The use of deadly force is not justified under this section unless the actor reasonably believes the deadly force is specifically required by ______or unless it occurs in the lawful conduct of _____. If deadly force is so justified, there is no duty to retreat before using it.
statute
war
Sec. 9.21. PUBLIC DUTY.
(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 _____, 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 ______in the performance of his official duty, even though the servant exceeds his lawful authority.
1) lawful
2) public servant
Sec. 9.22. NECESSITY. Conduct is justified if:
(1) the actor reasonably believes the conduct is immediately necessary to avoid i__________;
(2) the desirability and urgency of avoiding the harm clearly outweigh, according to o_____of r_____, 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.
1) imminent harm
2) ordinary standards of reasonableness
Sec. 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 the actor reasonably believes the force is immediately necessary to protect the actor against the other’s ____ or _____. The actor’s belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the 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 o____, v_____, or p______or e______;
use or attempted use of unlawful force
A) occupied habitation, vehicle, or place of business or employment
Sec. 9.31. SELF-DEFENSE.
(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 a______, m______, s______, a______, r______, or a_______
(2) did not ______the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a ______that is a violation of a law or ordinance regulating _____at the time the force was used.
C) aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;
2) provoke
3) Class C misdemeanor
traffic
Sec. 9.31. SELF-DEFENSE.
(b) The use of force against another is not justified:
(1) in response to ______alone;
(2) to resist an arrest or search that the actor knows is being made by a _____, or by a ______in a peace officer’s p______and at his d_____, even though the arrest or search is unlawful, unless the resistance is justified under Subsection (c);
(3) if the actor consented to the ______used or attempted by the other;
1) verbal provocation
2) peace officer
person acting
presence
direction
3) exact force
Sec. 9.31. SELF-DEFENSE.
(4) if the actor provoked the other’s use or attempted use of unlawful force, unless:
(A) the actor ________, or clearly communicates to the other his intent to do so reasonably believing he cannot ________; and
(B) the other nevertheless continues or attempts to use unlawful force against the actor;
A) abandons the encounter
safely abandon the encounter
Sec. 9.31. SELF-DEFENSE
(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) c_______in violation of Section 46.02; or
(B) p_____ or t______a weapon in violation of Section 46.05.
A) carrying a weapon
B) possessing or transporting
Sec. 9.31. SELF-DEFENSE
(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 g_______; 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 g_______.
(d) The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34.
(e) A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to _____ before using force as described by this section.
(f) For purposes of Subsection (a), in determining whether an actor described by Subsection (e) reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor ______
1) greater force than necessary to make the arrest or search
2) greater force than necessary
e) retreat
f) failed to retreat.
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 ____ or _____of unlawful deadly force; or
(B) to prevent the other’s imminent commission of a______, m_____, s______, a______, r______, or a_____.
A) use or attempted use
B) aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery
Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON
(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 o_____, v_____, or p_____ or e______ ;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s h_____, v_____, or p______ or e____
A) occupied habitation, vehicle, or place of business or employment
B) habitation, vehicle, or place of business or employment
Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON
(C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);
(2) did not ______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.
provoke
Sec. 9.33. DEFENSE OF THIRD PERSON. A person is justified in using force or deadly force against another to protect a ______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.
third person
Sec. 9.34. PROTECTION OF LIFE OR HEALTH.
(a) A person is justified in using force, but not ______, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from____ or _____.
(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 _______.
a) deadly force
committing suicide or inflicting serious bodily injury to himself.
b) emergency
Sec. 9.41. PROTECTION OF ONE’S OWN PROPERTY. (a) A person in lawful possession of l____ or t_____, m_____ 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 _____on the land or _____ with the property.
land or tangible, movable
trespass
unlawful interference
Sec. 9.41. PROTECTION OF ONE’S OWN 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 r_____ or r_____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 f_____, t____, or f____ against the actor.
reenter the land or recover the property
2) force, threat, or fraud
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 a____, b_____, r____, a______, t____during the nighttime, or c______during the nighttime; or
(B) to prevent the other who is _____ immediately after committing b____, r____, a_____, or t_____ during the nighttime from escaping with the property
A) arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime
B) fleeing
burglary, robbery, aggravated robbery, or theft
Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY(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 _____ or ______
death or serious bodily injury.
