Tex. Codes » Penal Code · TITLE 1. INTRODUCTORY PROVISIONS · CHAPTER 2. BURDEN OF PROOF
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Tex. Penal Code § 2.03 (2026)

Defense

✓ current as of May 2026
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Sec. 2.03. DEFENSE. (a) A defense to prosecution for an offense in this code is so labeled by the phrase: "It is a defense to prosecution . . . ."

(b) The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.

(c) The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.

(d) If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.

(e) A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense.

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 395 cases (48 in the last 5 years), 1975–2026 · leading case: Shaw v. State, 243 S.W.3d 647 (Tex. Crim. App. 2007).
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Shaw v. State, 243 S.W.3d 647 (Tex. Crim. App. 2007). · cites it 4× “In Texas Penal Code § 2.03(c), the Legislature mandated that "[t]he issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.”
Juarez v. State, 308 S.W.3d 398 (Tex. Crim. App. 2010). · cites it 4× “PENAL CODE ANN. § 1.07(10) (Vernon 2003). [3] Juarez v.”
Krajcovic v. State, 393 S.W.3d 282 (Tex. Crim. App. 2013). · cites it 4× “Instead, the jury was forced to decide the issue of self-defense under the old doctrine that required retreat. Appellant says that the court of appeals properly concluded that it was error for the trial court to refuse to instruct the jury on the post-September 1, 2007 law on…”
Alonzo v. State, 353 S.W.3d 778 (Tex. Crim. App. 2011). · cites it 4× “Tex. Pen. Code § 2.03(a) ("A defense to prosecution for an offense in this code is labeled by the phrase: 'It is a defense to prosecution .”
Proctor v. State, 967 S.W.2d 840 (Tex. Crim. App. 1998). · cites it 4× “, dissenting) (statute of limitations is a defense under Texas Penal Code § 2.03); Lemell v. State, 915 S.”
Mendez v. State, 545 S.W.3d 548 (Tex. Crim. App. 2018). · cites it 2× “See Tex. Penal Code §§ 2.03, 9.02. Vega, 394 S.”
Allen v. State, 253 S.W.3d 260 (Tex. Crim. App. 2008). · cites it 2× “Tex. Penal Code § 2.03(d) ("If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.”
Texas Dep't of Pub. Saf. v. Petta, 44 S.W.3d 575 (Tex. 2001). · cites it 2× “90-0938-1, Reporter’s Record at 431-32; see also Tex.Penal Code §§ 2.03(d), 9.02. 7 . Petta v.”
Benavides v. State, 992 S.W.2d 511 (Tex. App. 1999). · cites it 6× “1991); see Tex. Penal Code Ann. § 2.03 (d) (Vernon 1994) (if defense is submitted to jury, defendant must be acquitted if jury has reasonable doubt on defense).”
Mark Ken Tafel v. State, 524 S.W.3d 687 (Tex. App. 2016). · cites it 10× “TEX. PENAL CODE ANN. § 2.03 (West 2011). In understanding this provision, we must first determine if it even applies.”
Barrera v. State, 982 S.W.2d 415 (Tex. Crim. App. 1998). · cites it 4× “See Tex. Penal Code Ann. § 2.03 (d) (Vernon 1994).”
Williams v. State, 273 S.W.3d 200 (Tex. Crim. App. 2008). · cites it 2× “[68] Compare TEX. PEN.CODE §§ 2.03 ("Defense"), 2.04 ("Affirmative Defense").”
Show all 395 citing cases →
— Tex. Penal Code § 2.03(a) — 11 cases
Alonzo v. State, 353 S.W.3d 778 (Tex. Crim. App. 2011). “Tex. Pen. Code § 2.03(a) ("A defense to prosecution for an offense in this code is labeled by the phrase: 'It is a defense to prosecution .”
Smith, Joseph Anthony, 577 S.W.3d 548 (Tex. Crim. App. 2019).
Ricky Neal Jr. v. State (Tex. App. 2015).
Ricky Neal Jr. v. State (Tex. App. 2015).
Steven Scott Apilado v. State (Tex. App. 2018).
— Tex. Penal Code § 2.03(b) — 15 cases
Tita v. State, 267 S.W.3d 33 (Tex. Crim. App. 2008).
Johnson v. State, 760 S.W.2d 797 (Tex. App. 1988).
Mark Ken Tafel v. State, 524 S.W.3d 687 (Tex. App. 2016). “TEX. PENAL CODE ANN. § 2.03 (West 2011). In understanding this provision, we must first determine if it even applies.”
Carlos A. Arias v. State, 477 S.W.3d 925 (Tex. App. 2015).
Borkowicz v. State, 802 S.W.2d 115 (Tex. App. 1990).
— Tex. Penal Code § 2.03(c) — 84 cases
Shaw v. State, 243 S.W.3d 647 (Tex. Crim. App. 2007). “In Texas Penal Code § 2.03(c), the Legislature mandated that "[t]he issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.”
Krajcovic v. State, 393 S.W.3d 282 (Tex. Crim. App. 2013). “Instead, the jury was forced to decide the issue of self-defense under the old doctrine that required retreat. Appellant says that the court of appeals properly concluded that it was error for the trial court to refuse to instruct the jury on the post-September 1, 2007 law on…”
Christopher Ernest Braughton v. State, 522 S.W.3d 714 (Tex. App. 2017).
Juarez v. State, 308 S.W.3d 398 (Tex. Crim. App. 2010). “PENAL CODE ANN. § 1.07(10) (Vernon 2003). [3] Juarez v.”
Mata v. State, 939 S.W.2d 719 (Tex. App. 1997).
— Tex. Penal Code § 2.03(d) — 94 cases
Allen v. State, 253 S.W.3d 260 (Tex. Crim. App. 2008). “Tex. Penal Code § 2.03(d) ("If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.”
Texas Dep't of Pub. Saf. v. Petta, 44 S.W.3d 575 (Tex. 2001). “90-0938-1, Reporter’s Record at 431-32; see also Tex.Penal Code §§ 2.03(d), 9.02. 7 . Petta v.”
Alonzo v. State, 353 S.W.3d 778 (Tex. Crim. App. 2011). “Tex. Pen. Code § 2.03(a) ("A defense to prosecution for an offense in this code is labeled by the phrase: 'It is a defense to prosecution .”
Farmer, Kody William, 411 S.W.3d 901 (Tex. Crim. App. 2013).
Mendez v. State, 545 S.W.3d 548 (Tex. Crim. App. 2018). “See Tex. Penal Code §§ 2.03, 9.02. Vega, 394 S.”
— Tex. Penal Code § 2.03(e) — 12 cases
McElroy v. State, 667 S.W.2d 856 (Tex. App. 1984).
Baumgart v. State, 512 S.W.3d 335 (Tex. Crim. App. 2017).
Chase, Ryan Francis, 448 S.W.3d 6 (Tex. Crim. App. 2014).
Mark Ken Tafel v. State, 524 S.W.3d 687 (Tex. App. 2016). “TEX. PENAL CODE ANN. § 2.03 (West 2011). In understanding this provision, we must first determine if it even applies.”
Memet v. State, 642 S.W.2d 518 (Tex. App. 1982).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.