PC Section 9

Question 1

START
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 ____

Answer 1

death or serious bodily injury.

Question 2

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 ______

Answer 2

use of force is justified

constitute the use of deadly force.

Question 3

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.

Answer 3

unavailable

Question 4

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 _____.

Answer 4

civil suit

Question 5

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 _____.

Answer 5

competent court

legal process

Question 6

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).

Answer 6

persons

property

law enforcement

special relationship

Question 7

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.

Answer 7

statute

war

Question 8

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.

Answer 8

1) lawful

2) public servant

Question 9

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.

Answer 9

1) imminent harm

2) ordinary standards of reasonableness

Question 10

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______;

Answer 10

use or attempted use of unlawful force

A) occupied habitation, vehicle, or place of business or employment

Question 11

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.

Answer 11

C) aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;

2) provoke

3) Class C misdemeanor
traffic

Question 12

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;

Answer 12

1) verbal provocation

2) peace officer
person acting
presence
direction

3) exact force

Question 13

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;

Answer 13

A) abandons the encounter

safely abandon the encounter

Question 14

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.

Answer 14

A) carrying a weapon

B) possessing or transporting

Question 15

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 ______

Answer 15

1) greater force than necessary to make the arrest or search

2) greater force than necessary
e) retreat
f) failed to retreat.

Question 16

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_____.

Answer 16

A) use or attempted use

B) aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery

Question 17

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____

Answer 17

A) occupied habitation, vehicle, or place of business or employment
B) habitation, vehicle, or place of business or employment

Question 18

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.

Answer 18

provoke

Question 19

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.

Answer 19

third person

Question 20

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 _______.

Answer 20

a) deadly force
committing suicide or inflicting serious bodily injury to himself.

b) emergency

Question 21

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.

Answer 21

land or tangible, movable

trespass

unlawful interference

Question 22

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.

Answer 22

reenter the land or recover the property

2) force, threat, or fraud

Question 23

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

Answer 23

A) arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime

B) fleeing

burglary, robbery, aggravated robbery, or theft

Question 24

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 ______

Answer 24

death or serious bodily injury.

Question 25

Sec. 9.43. PROTECTION OF THIRD PERSON’S PROPERTY. A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful interference constitutes ____ or _____ to the tangible, movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his ______ of the land or property;
(B) he has a ______to protect the third person’s land or property; or
(C) the third person whose land or property he uses force or deadly force to protect is the actor’s s_____, p_____, or c_____, r_____with the actor, or is _____

Answer 25

1) attempted or consummated theft of or criminal mischief

2) A) protection
B) legal duty
C) spouse, parent, or child, resides with the actor, or is under the actor’s care.

Question 26

Sec. 9.44. USE OF DEVICE TO PROTECT PROPERTY. The justification afforded by Sections 9.41 and 9.43 applies to the use of a device to protect land or tangible, movable property if:

(1) the device is not designed to cause, or known by the actor to create a substantial risk of causing, ____ or _____; and
(2) use of the device is reasonable under all the circumstances as the actor reasonably believes them to be when he installs the device.

Answer 26

death or serious bodily injury

Question 27

Sec. 9.51. ARREST AND SEARCH. (a) A peace officer, or a person acting in a peace officer’s presence and at his direction, is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making an arrest or search, or to prevent or assist in preventing escape after arrest, if:

(1) the actor reasonably believes the arrest or search is l______or, if the arrest or search is made under a w____, he reasonably believes the w_____is valid; and
(2) before using force, the actor manifests his purpose to arrest or search and identifies himself as a _____or as one acting at a ______, unless he reasonably believes his purpose and identity are already known by or cannot reasonably be made known to the person to be arrested.
(b) A person other than a peace officer (or one acting at his direction) is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making a _____, or to prevent or assist in preventing ______after lawful arrest if, before using force, the actor manifests his purpose to and the reason for the arrest or reasonably believes his purpose and the reason are already known by or cannot reasonably be made known to the person to be arrested.

Answer 27

1) lawful
warrant
warrant

2) peace officer
peace officer’s direction

b) lawful arrest
escape

Question 28

Sec. 9.51. ARREST AND SEARCH

(c) A peace officer is justified in using deadly force against another when and to the degree the peace officer reasonably believes the deadly force is immediately necessary to make ____ or _____, if the use of force would have been justified under Subsection (a) and:
(1) the actor reasonably believes the conduct for which arrest is authorized included the use or attempted use of ______; or
(2) the actor reasonably believes there is a substantial risk that the person to be arrested will cause ____ or ______ to the actor or another if the arrest is delayed.

Answer 28

an arrest, or to prevent escape after arrest

1) deadly force
2) death or serious bodily injury

Question 29

Sec. 9.51. ARREST AND SEARCH

(d) A person other than a peace officer acting in a peace officer’s presence and at his direction is justified in using deadly force against another when and to the degree the person reasonably believes the deadly force is immediately necessary to make a ______, or to_____after a lawful arrest, if the use of force would have been justified under Subsection (b) and:
(1) the actor reasonably believes the f ____ or o_____for which arrest is authorized included the use or attempted use of _____; or
(2) the actor reasonably believes there is a substantial risk that the person to be arrested will cause ____ or _____to another if the arrest is delayed.
(e) There is no duty to retreat before using deadly force justified by Subsection (c) or (d).
(f) Nothing in this section relating to the actor’s manifestation of purpose or identity shall be construed as conflicting with any other law relating to the i_____, s_____, and execution of an a_____ or s_____either under the laws of this state or the United States.

Answer 29

lawful arrest
prevent escape

1) felony or offense against the public peace
deadly force

2) death or serious bodily injury
f) issuance, service, and execution of an arrest or search warrant

Question 30

Sec. 9.52. PREVENTION OF ESCAPE FROM CUSTODY. 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 f _____, including d_____, that he reasonably believes to be immediately necessary to prevent the escape of a person from the c_____-.

Answer 30

force
deadly force
correctional facility

Question 31

Sec. 9.53. MAINTAINING SECURITY IN CORRECTIONAL FACILITY. An officer or employee of a correctional facility is justified in using force against a person in custody when and to the degree the officer or employee reasonably believes the force is necessary to maintain the s_____ of the c________, the safety or security of other persons in custody or employed by the correctional facility, or his own safety or security.

Answer 31

security of the correctional facility

Question 32

Sec. 9.61. PARENT-CHILD. (a) The use of force, but not deadly force, against a child younger than ______is justified:

(1) if the actor is the child’s ____or _____or is acting in l_______to the child; and
(2) when and to the degree the actor reasonably believes the force is necessary to ______the child or to s_____or p_____ his welfare.
(b) For purposes of this section, “in loco parentis” includes _____ or ______, any person acting by, through, or under the direction of a ____ with _____over the child, and anyone who has express or implied consent of the p____ or p______.

Answer 32

18 years 
1) parent or stepparent 
loco parentis 
2) discipline 
safeguard or promote 

b) grandparent and guardian
court with jurisdiction
parent or parents

Question 33

Sec. 9.62. EDUCATOR-STUDENT. The use of force, but not deadly force, against a person is justified:

(1) if the actor is entrusted with the c____, s _____, or a_____ of the person for a special purpose; and
(2) when and to the degree the actor reasonably believes the force is necessary to further the _____or to maintain _____in a ____.

Answer 33

1) care, supervision, or administration
2) special purpose
discipline
group

Question 34

Sec. 9.63. GUARDIAN-INCOMPETENT. The use of force, but not deadly force, against a mental incompetent is justified:
(1) if the actor is the incompetent’s _____ or someone similarly responsible for the general care and supervision of the incompetent; and
(2) when and to the degree the actor reasonably believes the force is necessary:
(A) to safeguard and promote the incompetent’s welfare; or
(B) if the incompetent is in _____for his care and custody, to maintain ____ in the _____.

Answer 34

1) guardian
B) an institution
discipline in the institution