Texas Codes

Tex. Penal Code § 8.05 (2026)

Duress

✓ current as of May 2026

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Sec. 8.05. DURESS. (a) It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another.

(b) In a prosecution for an offense that does not constitute a felony, it is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by force or threat of force.

(c) Compulsion within the meaning of this section exists only if the force or threat of force would render a person of reasonable firmness incapable of resisting the pressure.

(d) The defense provided by this section is unavailable if the actor intentionally, knowingly, or recklessly placed himself in a situation in which it was probable that he would be subjected to compulsion.

(e) It is no defense that a person acted at the command or persuasion of his spouse, unless he acted under compulsion that would establish a defense under this section.

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 131 cases (9 in the last 5 years), 1978–2025 · leading case: Damian Lamon Murkledove v. State, 437 S.W.3d 17 (Tex. App. 2014).

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Damian Lamon Murkledove v. State, 437 S.W.3d 17 (Tex. App. 2014). · cites it 6× “See Tex. Penal Code Ann. § 8.05 (c); Anguish, 991 S.”

Miller v. State, 36 S.W.3d 503 (Tex. Crim. App. 2001). · cites it 2× “TEX. PENAL CODE ANN. § 8.05(a). [6] The Fifth Circuit concluded that Carroll's actions coercing three other people to sell heroin, which were extraneous crimes, wrongs or acts involving other persons, were admissible under Federal Rules of Evidence 404(b).”

Cleveland v. State, 177 S.W.3d 374 (Tex. App. 2005). · cites it 2× “04 (Vernon 2003) (stating law of affirmative defenses); see also TEX. PEN.CODE ANN. § 8.01 (Vernon 2003) (insanity is affirmative defense); TEX.”

Giesberg v. State, 984 S.W.2d 245 (Tex. Crim. App. 1998). · cites it 2× “He contends, therefore, that the affirmative defense of duress, as defined in Texas Penal Code § 8.05, negates the required criminal intent the State must prove beyond a reasonable doubt in order for the accused to be convicted of manslaughter.”

Ex parte Ingram, 533 S.W.3d 887 (Tex. Crim. App. 2017). “, Tex. Penal Code § 8.05(e) ("It is no defense that a person acted at the command or persuasion of his spouse, unless he acted under compulsion that would establish a defense under this section.”

Ramirez v. State, 336 S.W.3d 846 (Tex. App. 2011). · cites it 2× “Tex. Penal Code Ann. § 8.05 (a) (West 2003).”

Alford v. State, 866 S.W.2d 619 (Tex. Crim. App. 1993). · cites it 2× “The Code provides that duress is an affirmative defense, TEX.PENAL CODE ANN. § 8.05(a), and that "[i]f the issue of the existence of an affirmative defense is submitted to the jury, the court shall charge that the defendant must prove the affirmative defense by a preponderance…”

Wood v. State, 18 S.W.3d 642 (Tex. Crim. App. 2000). “See Tex. Penal Code § 8.05. Thus, it falls outside the statement-against-interest exception.”

McDowell v. State, 235 S.W.3d 294 (Tex. App. 2007). · cites it 2× “Tex. Penal Code Ann. § 8.05 (Vernon 2003).”

Anguish v. State, 991 S.W.2d 883 (Tex. App. 1999). · cites it 2× “” Tex. Penal Code Ann. § 8.05 (a) (Vernon 1994) (emphasis added).”

Guia v. State, 220 S.W.3d 197 (Tex. App. 2007). · cites it 2× “” Tex. Pen.Code Ann. § 8.05(c); Edwards, 106 S.”

Rodriguez-flores v. State, 351 S.W.3d 612 (Tex. App. 2011). · cites it 2× “See Tex. Penal Code Ann. § 8.05 . The commitment questions posed by Rodriguez-Flores’s counsel sought to discover whether any venire panelists had a disqualifying bias or prejudice against the affirmative defense of duress when a child was the victim.”

Show all 131 citing cases →

— Tex. Penal Code § 8.05(a) — 43 cases

Miller v. State, 36 S.W.3d 503 (Tex. Crim. App. 2001). “TEX. PENAL CODE ANN. § 8.05(a). [6] The Fifth Circuit concluded that Carroll's actions coercing three other people to sell heroin, which were extraneous crimes, wrongs or acts involving other persons, were admissible under Federal Rules of Evidence 404(b).”

Alford v. State, 866 S.W.2d 619 (Tex. Crim. App. 1993). “The Code provides that duress is an affirmative defense, TEX.PENAL CODE ANN. § 8.05(a), and that "[i]f the issue of the existence of an affirmative defense is submitted to the jury, the court shall charge that the defendant must prove the affirmative defense by a preponderance…”

Kimberly Nicole Cormier v. State, 540 S.W.3d 185 (Tex. App. 2017).

Bernal v. State, 647 S.W.2d 699 (Tex. App. 1982).

Hermosillo v. State, 903 S.W.2d 60 (Tex. App. 1995).

— Tex. Penal Code § 8.05(b) — 3 cases

in the Matter of P. Z. (Tex. App. 2003).

— Tex. Penal Code § 8.05(c) — 11 cases

Edwards v. State, 106 S.W.3d 833 (Tex. App. 2003).

Guia v. State, 220 S.W.3d 197 (Tex. App. 2007). “” Tex. Pen.Code Ann. § 8.05(c); Edwards, 106 S.”

In the Matter of R.D., a Juv., 342 S.W.3d 123 (Tex. App. 2011).

Whitworth, Stephen Craig (Tex. 2014).

In Re Rd, 342 S.W.3d 123 (Tex. App. 2011).

— Tex. Penal Code § 8.05(d) — 10 cases

Guia v. State, 220 S.W.3d 197 (Tex. App. 2007). “” Tex. Pen.Code Ann. § 8.05(c); Edwards, 106 S.”

Swails v. State, 986 S.W.2d 41 (Tex. App. 1999).

Whitworth, Stephen Craig (Tex. 2014).

Whitworth, Stephen Craig (Tex. App. 2014).

Ricky Moreno v. State (Tex. App. 2019).

— Tex. Penal Code § 8.05(e) — 1 case

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