Tex. Codes » Penal Code · TITLE 5. OFFENSES AGAINST THE PERSON · CHAPTER 22. ASSAULTIVE OFFENSES
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Tex. Penal Code § 22.05 (2026)

Deadly Conduct

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Sec. 22.05. DEADLY CONDUCT. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.

(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:

(1) one or more individuals; or

(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.

(c) Except as otherwise provided by this subsection, recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded. The presumption under this subsection does not apply to a peace officer engaged in the lawful discharge of the officer's official duties.

(d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01.

(e) An offense under Subsection (a) is a Class A misdemeanor. An offense under Subsection (b) is a felony of the third degree.

(f) Subsection (b)(1) does not apply to a peace officer if, at the time of the offense, the officer:

(1) was engaged in the actual discharge of the officer's official duties; and

(2) reasonably believed the discharge of the officer's firearm was justified under Chapter 9.

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.

Amended by:

Acts 2025, 89th Leg., R.S., Ch. 1146 (S.B. 1637), Sec. 1, eff. September 1, 2025.

Notes of Decisions
Cited in 374 cases (66 in the last 5 years), 1982–2026 · leading case: Guzman v. State, 188 S.W.3d 185 (Tex. Crim. App. 2006).
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Guzman v. State, 188 S.W.3d 185 (Tex. Crim. App. 2006). · cites it 6× “at 809 ; see TEX. PEN.CODE § 22.05 (named changed effective Sept.”
Braughton, Christopher Ernest, 569 S.W.3d 592 (Tex. Crim. App. 2018). · cites it 2× “TEX. PENAL CODE § 22.05(b). Furthermore, as discussed at length above, the jury was properly charged on the law of self-defense and defense of third persons, both of which theories the jury also rejected by finding appellant guilty.”
Gerald Christopher Zuliani v. State, 383 S.W.3d 289 (Tex. App.—Austin 2012). · cites it 11× “401 (West 2011); Tex. Penal Code Ann. § 22.05 (West 2005).”
United States v. Hernandez, 568 F.3d 827 (10th Cir. 2009). · cites it 7× “Tex. Penal Code Ann. § 22.05 . Hernandez has two prior convictions in violation of this statute.”
Brown v. State, 122 S.W.3d 794 (Tex. Crim. App. 2003). · cites it 2× “03(c)(3)); the presumption that a person intends to avoid payment for services if he absconds without paying for services in circumstances in which payment is ordinarily made immediately upon rendering the service (Tex.”
Bartlett v. State, 270 S.W.3d 147 (Tex. Crim. App. 2008). · cites it 2× “105(a) ("When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury appropriately[.”
Ford v. State, 38 S.W.3d 836 (Tex. App.—Houston [14th Dist.] 2001). · cites it 3× “See Tex. Pen. Code Ann. § 22.05 (a). Therefore, when defining the culpable mental state of recklessly in relation to the offense of deadly conduct, the trial court used the full definition of reckless.”
Anthony Jerome Gilbert v. State, 429 S.W.3d 19 (Tex. App.—Houston [1st Dist.] 2014). · cites it 8× “See Tex. Penal Code Ann. § 22.05 (b)(1) (Vernon 2011).”
Wheaton v. State, 129 S.W.3d 267 (Tex. App.—Corpus Christi 2004). · cites it 4× “See Tex. Pen.Code Ann. § 22.05(b) (Vernon 2003).”
United States v. Hernandez-Rodriguez, 467 F.3d 492 (5th Cir. 2006). · cites it 5× “Tex. Penal Code Ann. § 22.05 (Vernon 2003).”
Yandell v. State, 46 S.W.3d 357 (Tex. App.—Austin 2001). · cites it 3× “” Tex. Penal Code Ann. § 22.05 (b), (e) (West 1994).”
Ex Parte Pena, 71 S.W.3d 336 (Tex. Crim. App. 2002). · cites it 2× “See Tex. Pen.Code § 22.05(b)(2). On December 10, 1996, applicant pled guilty and elected to have a jury assess his punishment.”
Show all 374 citing cases →
Tex. Penal Code § 22.05(a): 73 cases
Guzman v. State, 188 S.W.3d 185 (Tex. Crim. App. 2006). “at 809 ; see TEX. PEN.CODE § 22.05 (named changed effective Sept.”
Ford v. State, 38 S.W.3d 836 (Tex. App.—Houston [14th Dist.] 2001). “See Tex. Pen. Code Ann. § 22.05 (a). Therefore, when defining the culpable mental state of recklessly in relation to the offense of deadly conduct, the trial court used the full definition of reckless.”
Diaz Esparza v. Garland, 23 F.4th 563 (5th Cir. 2022).
United States v. White, 258 F.3d 374 (5th Cir. 2001).
Campbell v. State, 128 S.W.3d 662 (Tex. App.—Waco 2004).
Tex. Penal Code § 22.05(a)(2): 1 case
Isaac, Herbert Joseph v. State, No. 14-04-00400-CR (Tex. App.—Houston [14th Dist.] May 26, 2005).
Tex. Penal Code § 22.05(b): 48 cases
Braughton, Christopher Ernest, 569 S.W.3d 592 (Tex. Crim. App. 2018). “TEX. PENAL CODE § 22.05(b). Furthermore, as discussed at length above, the jury was properly charged on the law of self-defense and defense of third persons, both of which theories the jury also rejected by finding appellant guilty.”
United States v. Michael Herrold, 883 F.3d 517 (5th Cir. 2018).
Wheaton v. State, 129 S.W.3d 267 (Tex. App.—Corpus Christi 2004). “See Tex. Pen.Code Ann. § 22.05(b) (Vernon 2003).”
Kathy Yolande Miller v. Doug Dretke, 420 F.3d 356 (5th Cir. 2005).
Donoho v. State, 39 S.W.3d 324 (Tex. App.—Fort Worth 2001).
Tex. Penal Code § 22.05(b)(1): 37 cases
United States v. Hernandez, 568 F.3d 827 (10th Cir. 2009). “Tex. Penal Code Ann. § 22.05 . Hernandez has two prior convictions in violation of this statute.”
Ortiz v. State, 144 S.W.3d 225 (Tex. App.—Houston [14th Dist.] 2004).
United States v. Ramon Silva, 608 F.3d 663 (10th Cir. 2010).
Anthony Jerome Gilbert v. State, 429 S.W.3d 19 (Tex. App.—Houston [1st Dist.] 2014). “See Tex. Penal Code Ann. § 22.05 (b)(1) (Vernon 2011).”
Wheaton v. State, 129 S.W.3d 267 (Tex. App.—Corpus Christi 2004). “See Tex. Pen.Code Ann. § 22.05(b) (Vernon 2003).”
Tex. Penal Code § 22.05(b)(2): 25 cases
Ex Parte Pena, 71 S.W.3d 336 (Tex. Crim. App. 2002). “See Tex. Pen.Code § 22.05(b)(2). On December 10, 1996, applicant pled guilty and elected to have a jury assess his punishment.”
United States v. Hernandez, 568 F.3d 827 (10th Cir. 2009). “Tex. Penal Code Ann. § 22.05 . Hernandez has two prior convictions in violation of this statute.”
Reed v. State, 268 S.W.3d 615 (Tex. Crim. App. 2008).
Reed v. State, 214 S.W.3d 626 (Tex. App.—Waco 2007).
Ly v. State, 943 S.W.2d 218 (Tex. App.—Houston [1st Dist.] 1997).
Tex. Penal Code § 22.05(c): 22 cases
Brown v. State, 122 S.W.3d 794 (Tex. Crim. App. 2003). “03(c)(3)); the presumption that a person intends to avoid payment for services if he absconds without paying for services in circumstances in which payment is ordinarily made immediately upon rendering the service (Tex.”
Guzman v. State, 188 S.W.3d 185 (Tex. Crim. App. 2006). “at 809 ; see TEX. PEN.CODE § 22.05 (named changed effective Sept.”
Webber v. State, 29 S.W.3d 226 (Tex. App.—Houston [14th Dist.] 2000).
Isaac v. State, 167 S.W.3d 469 (Tex. App.—Houston [14th Dist.] 2005).
Donald James Burd v. State, 404 S.W.3d 64 (Tex. App.—Houston [1st Dist.] 2013).
Tex. Penal Code § 22.05(e): 13 cases
Samaripas v. State, 454 S.W.3d 1 (Tex. Crim. App. 2014).
Benge v. State, 94 S.W.3d 31 (Tex. App.—Houston [14th Dist.] 2003).
Dustin Ryan Rhoades v. State, No. 07-13-00319-CR (Tex. App.—Amarillo Sept. 15, 2015).
Rhoades, Dustin Ryan, No. PD-1350-15 (Tex. Dec. 1, 2015).
Rhoades, Dustin Ryan, No. PD-1350-15 (Tex. Crim. App. Nov. 17, 2015).
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