Texas Codes

Tex. Penal Code § 9.05 (2026)

Reckless Injury Of Innocent Third Person

✓ current as of May 2026

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Sec. 9.05. RECKLESS INJURY OF INNOCENT THIRD PERSON. Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.

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 20 cases (6 in the last 5 years), 1983–2025 · leading case: State v. Betts, 514 P.3d 341 (Kan. 2022).

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State v. Betts, 514 P.3d 341 (Kan. 2022). “§ 39-11-604 (self-defense justification "unavailable in a prosecution for harm to an innocent third person who is recklessly injured or recklessly killed by the use of such force"); Tex. Penal Code Ann. § 9.05 (self- defense justification "unavailable in a prosecution for the…”

Jaime Hernandez Vidal v. State, 418 S.W.3d 907 (Tex. App. 2013). · cites it 4× “See Tex. Penal Code § 9.05 (West 2013); Hayes v.”

Gavin Heath Gilbert v. State, 575 S.W.3d 848 (Tex. App. 2019). “TEX. PENAL CODE ANN. § 9.05 (West 2011). 25 that each of the three methods contain a different mens rea and are, therefore, three different offenses, which requires jury unanimity on one of the methods.”

Jeremy Deshawn Dugar v. State, 464 S.W.3d 811 (Tex. App. 2015). “, Tex. Penal Code § 9.05. The State argued that appellant could not receive a self-defense instruction because of Section 9.”

Sparks v. State, 177 S.W.3d 127 (Tex. App. 2005). “See Tex Pen.Code Ann. § 9.05 (Vernon 2004) (stating "Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if *134 in doing so he also recklessly injures or kills an innocent third person, the justification afforded…”

Banks v. State, 955 S.W.2d 116 (Tex. App. 1997). “In this instance, as a matter of law a plain legislative exclusion of justification does appear: Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent…”

Jordan v. State, 558 S.W.3d 173 (Tex. App. 2018). “See Tex. Penal Code Ann. § 9.05 (West 2011). The Fourteenth Court of Appeals disagreed and concluded that the defendant was entitled to an instruction on self-defense from multiple assailants because (a) the defendant was placed in a hostile situation moments before the shooting…”

In the Matter of D.L., 656 S.W.2d 181 (Tex. App. 1983). “However, in paragraph IX of the charge to the jury the court gave an abstract charge on the law of justification against another’s use of unlawful force, Tex.Penal Code Ann. § 9.04 (Vernon 1974), and the unavailability of justification in a prosecution for the reckless injury of…”

Dugar, Jeremy Deshawn (Tex. 2015). · cites it 4× “7 TEX. PENAL CODE § 9.05 (West 2011) ......”

MacIas, Jose (Tex. 2015). · cites it 4× “4 TEX. PENAL CODE § 9.32(a). . . . . . . . . .”

Markailon Adrell Dailey v. State (Tex. App. 2018). · cites it 2× “Texas Penal Code § 9.05, enacted after the foregoing cases were decided, provides: Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he recklessly injures or kills an innocent third person, the…”

Jose MacIas v. State (Tex. App. 2015). · cites it 2× “See TEX. PENAL CODE ANN. § 9.05 (West, Westlaw through 2013 3d C.”

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