Texas Codes

Tex. Penal Code § 9.31 (2026)

Self-defense

✓ current as of May 2026

Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the force was used:

(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;

(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or

(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;

(2) did not provoke the person against whom the force was used; and

(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

(b) The use of force against another is not justified:

(1) in response to verbal provocation alone;

(2) to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistance is justified under Subsection (c);

(3) if the actor consented to the exact force used or attempted by the other;

(4) if the actor provoked the other's use or attempted use of unlawful force, unless:

(A) the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and

(B) the other nevertheless continues or attempts to use unlawful force against the actor; or

(5) if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was:

(A) carrying a weapon in violation of Section 46.02; or

(B) possessing or transporting a weapon in violation of Section 46.05.

(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and

(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.

(d) The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34.

(e) A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section.

(f) For purposes of Subsection (a), in determining whether an actor described by Subsection (e) reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat.

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; Acts 1995, 74th Leg., ch. 190, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1 (S.B. 378), Sec. 2, eff. September 1, 2007.

Notes of Decisions

Cited in 1,007 cases (170 in the last 5 years), 1977–2026 · leading case: Elizondo, Jose Guadalupe Rodriguez, 487 S.W.3d 185 (Tex. Crim. App. 2016).

Sort: Relevance Newest Treatment

Elizondo, Jose Guadalupe Rodriguez, 487 S.W.3d 185 (Tex. Crim. App. 2016). · cites it 7× “Texas Penal Code § 9.31(a). . Texas Penal Code §§ 9.”

Braughton, Christopher Ernest, 569 S.W.3d 592 (Tex. Crim. App. 2018). · cites it 4× “had ceased by the time of the shooting, we agree with the court of appeals that a rational jury could have determined that the physical assault itself was not of such a nature that it would give rise to a reasonable belief regarding the necessity of deadly force.”

Walters v. State, 247 S.W.3d 204 (Tex. Crim. App. 2007). · cites it 3× “For example, Texas Penal Code § 9.31 now provides that "[t]he actor’s belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor: (1) knew or had reason to believe that the person against whom the force was used: (A)…”

Villarreal, Rene Daniel, 453 S.W.3d 429 (Tex. Crim. App. 2015). · cites it 4× “See Tex. Penal Code §§ 9.31, 9.32(a). Based on that law, the trial court instructed the jury that a person is justified in using deadly force when the actor reasonably believed that the force was immediately necessary to protect himself against another person’s use or attempted…”

Bowen v. State, 162 S.W.3d 226 (Tex. Crim. App. 2005). · cites it 6× “I agree with the majority that the statutory defenses of self-defense under Texas Penal Code, section 9.31, and necessity under section 9.”

Carmen v. State, 276 S.W.3d 538 (Tex. App. 2008). · cites it 7× “Compare TEX. PENAL CODE ANN. § 9.31 (Vernon Supp.”

Morales, Jose Manuel, 357 S.W.3d 1 (Tex. Crim. App. 2011). · cites it 4× “See Tex. Penal Code §§ 9.31 (force is justified “when and to the degree the actor reasonably believes the force is immediately necessary to protect” against unlawful force), 9.”

Lane v. State, 957 S.W.2d 584 (Tex. App. 1997). · cites it 10× “See TEX. PENAL CODE ANN. § 9.31 (Vernon Supp.”

Johnson v. State, 271 S.W.3d 359 (Tex. App. 2008). · cites it 6× “Laws 3586 , 3598 (current version at TEX. PEN.CODE ANN. § 9.31 (Vernon Supp.2008)); Act of May 16, 1995, 74th Leg.”

Ferrel v. State, 55 S.W.3d 586 (Tex. Crim. App. 2001). · cites it 2× “, joined. HOLCOMB, J., concurring, in which PRICE and JOHNSON, JJ.”

Boget v. State, 74 S.W.3d 23 (Tex. Crim. App. 2002). · cites it 3× “Tex. Penal Code Ann. § 9.31 (Vernon 1997).”

Benavides v. State, 992 S.W.2d 511 (Tex. App. 1999). · cites it 6× “Laws 883 , 901 (TEX. PENAL CODE § 9.31, since amended); Act of May 29, 1983, 68th Leg, R.”

Show all 1,007 citing cases →

— Tex. Penal Code § 9.31(a) — 315 cases

Ferrel v. State, 55 S.W.3d 586 (Tex. Crim. App. 2001). “, joined. HOLCOMB, J., concurring, in which PRICE and JOHNSON, JJ.”

Cleveland v. State, 177 S.W.3d 374 (Tex. App. 2005).

Morales, Jose Manuel, 357 S.W.3d 1 (Tex. Crim. App. 2011). “See Tex. Penal Code §§ 9.31 (force is justified “when and to the degree the actor reasonably believes the force is immediately necessary to protect” against unlawful force), 9.”

Walters v. State, 247 S.W.3d 204 (Tex. Crim. App. 2007). “For example, Texas Penal Code § 9.31 now provides that "[t]he actor’s belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor: (1) knew or had reason to believe that the person against whom the force was used: (A)…”

Green v. State, 891 S.W.2d 289 (Tex. App. 1995).

— Tex. Penal Code § 9.31(a)(1) — 4 cases

Joseph Ray Limon v. the State of Texas (Tex. App. 2025).

MacIas, Jose (Tex. 2015).

Henley, Gregory Shawn (Tex. App. 2015).

— Tex. Penal Code § 9.31(a)(1)(2) — 1 case

Juan Antonio Gonzalez v. State (Tex. App. 2019).

— Tex. Penal Code § 9.31(a)(1)(A) — 1 case

Kevin Lozano A/K/A Kevin Lozawo v. State (Tex. App. 2019).

— Tex. Penal Code § 9.31(a)(1)(B) — 3 cases

Amber Renee Guyger v. the State of Texas (Tex. App. 2021).

Jones-MacDonald v. Harris Cnty. (S.D. Tex. 2024).

Henley, Gregory Shawn (Tex. App. 2015).

— Tex. Penal Code § 9.31(a)(1)(C) — 1 case

Bobby Carl Schule v. State (Tex. App. 2015).

— Tex. Penal Code § 9.31(a)(2) — 5 cases

Sabien Armonte Taplin v. State (Tex. App. 2020).

Auston Bryce Armstrong v. the State of Texas (Tex. App. 2023).

David Castillo, Jr. v. the State of Texas (Tex. App. 2023).

Dedrick Roy Bonner v. State (Tex. App. 2015).

Kellum, Demetrius (Tex. App. 2015).

— Tex. Penal Code § 9.31(a)(3) — 2 cases

Rogers, William, 550 S.W.3d 190 (Tex. Crim. App. 2018).

John W. Trotman, III. v. State (Tex. App. 2010).

— Tex. Penal Code § 9.31(a)(4) — 1 case

Reeves, Gary Patrick, 420 S.W.3d 812 (Tex. Crim. App. 2013).

— Tex. Penal Code § 9.31(a)(C)(3) — 1 case

Leroy J. Williams v. State (Tex. App. 2010).

— Tex. Penal Code § 9.31(b) — 31 cases

Bowen v. State, 162 S.W.3d 226 (Tex. Crim. App. 2005). “I agree with the majority that the statutory defenses of self-defense under Texas Penal Code, section 9.31, and necessity under section 9.”

Nance v. State, 807 S.W.2d 855 (Tex. App. 1991).

Reed v. State, 703 S.W.2d 380 (Tex. App. 1986).

Rodriguez v. State, 524 S.W.3d 389 (Tex. App. 2017).

Young v. State, 10 S.W.3d 705 (Tex. App. 1999).

— Tex. Penal Code § 9.31(b)(1) — 36 cases

Villarreal, Rene Daniel, 453 S.W.3d 429 (Tex. Crim. App. 2015). “See Tex. Penal Code §§ 9.31, 9.32(a). Based on that law, the trial court instructed the jury that a person is justified in using deadly force when the actor reasonably believed that the force was immediately necessary to protect himself against another person’s use or attempted…”

Lane v. State, 957 S.W.2d 584 (Tex. App. 1997). “See TEX. PENAL CODE ANN. § 9.31 (Vernon Supp.”

Quintana v. State, 777 S.W.2d 474 (Tex. App. 1989).

Rodriguez v. State, 524 S.W.3d 389 (Tex. App. 2017).

— Tex. Penal Code § 9.31(b)(2) — 15 cases

Commonwealth v. Moreira, 447 N.E.2d 1224 (Mass. 1983).

Brown v. City of Oklahoma City, 721 P.2d 1346 (Okla. Civ. App. 1986).

State v. Thomas, 262 N.W.2d 607 (Iowa 1978).

Porteous v. State, 259 S.W.3d 741 (Tex. App. 2007).

Moody v. State, 830 S.W.2d 698 (Tex. App. 1992).

— Tex. Penal Code § 9.31(b)(4) — 60 cases

Elizondo, Jose Guadalupe Rodriguez, 487 S.W.3d 185 (Tex. Crim. App. 2016). “Texas Penal Code § 9.31(a). . Texas Penal Code §§ 9.”

Braughton, Christopher Ernest, 569 S.W.3d 592 (Tex. Crim. App. 2018). “had ceased by the time of the shooting, we agree with the court of appeals that a rational jury could have determined that the physical assault itself was not of such a nature that it would give rise to a reasonable belief regarding the necessity of deadly force.”

Coble v. State, 871 S.W.2d 192 (Tex. Crim. App. 1993).

McKinney v. State, 179 S.W.3d 565 (Tex. Crim. App. 2005).

Childs v. State, 21 S.W.3d 631 (Tex. App. 2000).

— Tex. Penal Code § 9.31(b)(4)(A) — 3 cases

Elizondo, Jose Guadalupe Rodriguez, 487 S.W.3d 185 (Tex. Crim. App. 2016). “Texas Penal Code § 9.31(a). . Texas Penal Code §§ 9.”

Halbert v. State, 881 S.W.2d 121 (Tex. App. 1994).

— Tex. Penal Code § 9.31(b)(5) — 13 cases

Vaughn v. State, 888 S.W.2d 62 (Tex. App. 1994).

Williams v. State, 35 S.W.3d 783 (Tex. App. 2001).

Davis v. State, 276 S.W.3d 491 (Tex. App. 2009).

Fink v. State, 97 S.W.3d 739 (Tex. App. 2003).

Johnson v. State, 157 S.W.3d 48 (Tex. App. 2004).

— Tex. Penal Code § 9.31(b)(5)(A) — 18 cases

Lee v. State, 259 S.W.3d 785 (Tex. App. 2008).

Carmen v. State, 276 S.W.3d 538 (Tex. App. 2008). “Compare TEX. PENAL CODE ANN. § 9.31 (Vernon Supp.”

Rogers v. Peeler, 146 S.W.3d 765 (Tex. App. 2004).

Ex Parte: Martin Reynolds, Jr. (Tex. App. 2019).

Sofiane Benaffane v. State (Tex. App. 2017).

— Tex. Penal Code § 9.31(b)(5)(a) — 1 case

Ex Parte: Martin Reynolds, Jr. (Tex. App. 2019).

— Tex. Penal Code § 9.31(c) — 26 cases

Reynaldo Ramirez v. Jim Wells Cnty., Texas, 716 F.3d 369 (5th Cir. 2013).

Bowen v. State, 162 S.W.3d 226 (Tex. Crim. App. 2005). “I agree with the majority that the statutory defenses of self-defense under Texas Penal Code, section 9.31, and necessity under section 9.”

Benavides v. State, 992 S.W.2d 511 (Tex. App. 1999). “Laws 883 , 901 (TEX. PENAL CODE § 9.31, since amended); Act of May 29, 1983, 68th Leg, R.”

Ward v. State, 143 S.W.3d 271 (Tex. App. 2004).

Flores v. State, 942 S.W.2d 735 (Tex. App. 1997).

— Tex. Penal Code § 9.31(c)(1) — 7 cases

State v. Bradley, 10 P.3d 358 (Wash. 2000).

Garner v. State, 858 S.W.2d 656 (Tex. App. 1993).

State v. Bradley, 10 P.3d 358 (Wash. 2000).

Dennis Steele v. State (Tex. App. 2015).

Dabrett Montreal Black v. the State of Texas (Tex. App. 2023).

— Tex. Penal Code § 9.31(c)(2) — 3 cases

State v. Bradley, 10 P.3d 358 (Wash. 2000).

in the Matter of D.X.S. (Tex. App. 2013).

— Tex. Penal Code § 9.31(c)(l)(2) — 1 case

Piland, James Earl v. State (Tex. App. 2015).

— Tex. Penal Code § 9.31(d) — 3 cases

Yarborough v. State, 178 S.W.3d 895 (Tex. App. 2006).

Walter Orellana v. State (Tex. App. 2020).

Alvin Dejuan Melton v. the State of Texas (Tex. App. 2022).

— Tex. Penal Code § 9.31(e) — 7 cases

Brian Darnell Johnson v. State (Tex. App. 2016).

Brian Darnell Johnson v. State (Tex. App. 2015).

Robert Lee Thompson v. State (Tex. App. 2019).

Steven Wesley Barker v. State (Tex. App. 2015).

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.