Tex. Codes » Penal Code · TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY · CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY
Texas Codes

Tex. Penal Code § 9.04 (2026)

Threats As Justifiable Force

✓ current as of May 2026
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Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified 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 constitute the use of deadly force.

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 55 cases (10 in the last 5 years), 1983–2026 · leading case: Gamino, Cesar Alejandro, 537 S.W.3d 507 (Tex. Crim. App. 2017).
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Gamino, Cesar Alejandro, 537 S.W.3d 507 (Tex. Crim. App. 2017). · cites it 2× “Texas Penal Code, Section 9.04, titled “Threats as Justifiable Force,” provides as follows: The threat of force is justified when the use of force is justified by this chapter.”
Joshua Reynolds v. State, 371 S.W.3d 511 (Tex. App. 2012). · cites it 4× “See Tex. Penal Code Ann. § 9.04 (Vernon 2011).”
Cesar Alejandro Gamino v. State, 480 S.W.3d 80 (Tex. App. 2015). · cites it 3× “Tex. Penal Code Ann. § 9.04 (West 2011). 2 If section 9.”
State v. Hendrix, 218 P.3d 40 (Kan. 2009). · cites it 2× “"); Tex. Penal Code Ann. § 9.04 (West 2003) ("The threat of force is justified when the use of force is justified by this chapter.”
Manzi v. State, 56 S.W.3d 710 (Tex. App. 2001). “Tex. Pen.Code Ann. § 9.04 (Vernon 1994). We have no doubt appellant was intimidated by the convergence of armed police officers at the time of his arrest — he would not have otherwise surrendered.”
Mattox v. State, 874 S.W.2d 929 (Tex. App. 1994). · cites it 2× “This section of the charge then recited an instruction taken directly from TexPenal Code Ann. § 9.04 (Vernon 1974): The threat of force is justified when the use of force is justified under the law of self-defense.”
State v. Susan Marie Sciacca, 518 S.W.3d 460 (Tex. App. 2016). · cites it 2× “See Tex. Penal Code Ann. § 9.04 (West 2011). Although the statutory language was included in the charge, no application paragraph was included in the charge, despite Sciacca’s request that one be given.”
Otting v. State, 8 S.W.3d 681 (Tex. App. 2000). “See Tex. Penal Code Ann. §§ 9.04 (b); 22.04(e) (West 1994).”
McBride v. State, 359 S.W.3d 683 (Tex. App. 2012). “32 (a) (Vernon 2011); see also Tex. Penal Code Ann. § 9.04 (Vernon 2011) (“The threat of force is justified when the use of force is justified by this chapter.”
Muennink v. State, 933 S.W.2d 677 (Tex. App. 1996). “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 constitute the use of deadly…”
Davis v. State, 22 S.W.3d 638 (Tex. App. 2000). “Tex. Pen.Code Ann. § 9.04 (Vernon 1994). Under the theory of self-defense, “a person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other’s use or attempted use of…”
Young v. State, 542 S.W.3d 830 (Tex. App. 2018). “See TEX. PENAL CODE ANN. §§ 9.04 (threats as justifiable force), 9.”
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