Tex. Codes » Penal Code · TITLE 1. INTRODUCTORY PROVISIONS · CHAPTER 2. BURDEN OF PROOF
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Tex. Penal Code § 2.02 (2026)

Exception

✓ current as of May 2026
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Sec. 2.02. EXCEPTION. (a) An exception to an offense in this code is so labeled by the phrase: "It is an exception to the application of . . . ."

(b) The prosecuting attorney must negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant's conduct does not fall within the exception.

(c) This section does not affect exceptions applicable to offenses enacted prior to the effective date of this code.

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.

Notes of Decisions
Cited in 71 cases (6 in the last 5 years), 1982–2026 · leading case: Baumgart v. State, 512 S.W.3d 335 (Tex. Crim. App. 2017).
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Baumgart v. State, 512 S.W.3d 335 (Tex. Crim. App. 2017). · cites it 6× “6 He contends that this common law rule was superseded by the enactment of Texas Penal Code § 2.02, which provides: (a) An exception to an offense in this code is so labeled by the phrase: “It is an exception to the application of .”
Williams v. State, 273 S.W.3d 200 (Tex. Crim. App. 2008). · cites it 2× “[70] TEX. PEN.CODE § 2.02. [71] Id., § 8.04(b), (c).”
McElroy v. State, 667 S.W.2d 856 (Tex. App. 1984). · cites it 8× “TEX.PENAL CODE ANN. §§ 2.02, 2.03 (Vernon 1974).”
Weaver v. State, 87 S.W.3d 557 (Tex. Crim. App. 2002). · cites it 2× “[8] Texas Penal Code § 2.02(a) provides that "an exception to an offense in this code is so labeled by the phrase: `It is an exception to the application of.”
Cary v. State, 507 S.W.3d 761 (Tex. Crim. App. 2016). “3d at 738 ; see Tex. PeNAL Code §§ 2.02(b) (statutory exceptions must be negated by the State beyond a reasonable doubt), 36.”
Tarlton v. State, 93 S.W.3d 168 (Tex. App. 2002). · cites it 2× “Tex Pen.Code Ann. § 2.02(b) (Vernon 1994).”
State v. Laird, 208 S.W.3d 667 (Tex. App. 2006). · cites it 2× “Under the penal code, the State must negate the existence of any exception to an offense in the charging instrument, see Tex. Penal Code Ann. § 2.02 (b) (Vernon 2003), 5 and the negation of an exception to the offense is an element of the offense, see id.”
Mauricio Rodriguez Celis v. State, 354 S.W.3d 7 (Tex. App. 2011). “See Tex. Penal Code Ann. § 2.02 (a) (West 2003) (“An exception to an offense in this code is so labeled by the phrase: ‘It is an exception to the application of.”
Duffy v. State, 33 S.W.3d 17 (Tex. App. 2000). · cites it 2× “1986); Tex.Pen.Code Ann. § 2.02 (Vernon 1994). Appellant then could have challenged the sufficiency of the evidence to support his conviction.”
Johnson v. State, 864 S.W.2d 708 (Tex. App. 1993). “See Tex.Penal Code Ann. § 2.02 (Vernon 1974).”
Hernandez v. State, 938 S.W.2d 503 (Tex. App. 1997). “Tex. Penal Code Ann. § 2.02 (b) (Vernon 1994).”
State v. Wofford, 34 S.W.3d 671 (Tex. App. 2000). “Tex.Penal Code Ann. § 2.02(a) (West 1996).”
Show all 71 citing cases →
— Tex. Penal Code § 2.02(a) — 16 cases
Weaver v. State, 87 S.W.3d 557 (Tex. Crim. App. 2002). “[8] Texas Penal Code § 2.02(a) provides that "an exception to an offense in this code is so labeled by the phrase: `It is an exception to the application of.”
Baumgart v. State, 512 S.W.3d 335 (Tex. Crim. App. 2017). “6 He contends that this common law rule was superseded by the enactment of Texas Penal Code § 2.02, which provides: (a) An exception to an offense in this code is so labeled by the phrase: “It is an exception to the application of .”
State v. Wofford, 34 S.W.3d 671 (Tex. App. 2000). “Tex.Penal Code Ann. § 2.02(a) (West 1996).”
State v. Sandoval, 842 S.W.2d 782 (Tex. App. 1992).
Borkowicz v. State, 802 S.W.2d 115 (Tex. App. 1990).
— Tex. Penal Code § 2.02(b) — 23 cases
Cary v. State, 507 S.W.3d 761 (Tex. Crim. App. 2016). “3d at 738 ; see Tex. PeNAL Code §§ 2.02(b) (statutory exceptions must be negated by the State beyond a reasonable doubt), 36.”
Tarlton v. State, 93 S.W.3d 168 (Tex. App. 2002). “Tex Pen.Code Ann. § 2.02(b) (Vernon 1994).”
McElroy v. State, 667 S.W.2d 856 (Tex. App. 1984). “TEX.PENAL CODE ANN. §§ 2.02, 2.03 (Vernon 1974).”
State v. Laird, 208 S.W.3d 667 (Tex. App. 2006). “Under the penal code, the State must negate the existence of any exception to an offense in the charging instrument, see Tex. Penal Code Ann. § 2.02 (b) (Vernon 2003), 5 and the negation of an exception to the offense is an element of the offense, see id.”
Wisenbaker v. State, 860 S.W.2d 681 (Tex. App. 1993).
— Tex. Penal Code § 2.02(c) — 1 case
Baumgart v. State, 512 S.W.3d 335 (Tex. Crim. App. 2017). “6 He contends that this common law rule was superseded by the enactment of Texas Penal Code § 2.02, which provides: (a) An exception to an offense in this code is so labeled by the phrase: “It is an exception to the application of .”
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