Texas Codes

Tex. Penal Code § 9.32 (2026)

Deadly Force In Defense Of Person

✓ current as of May 2026

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Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:

(1) if the actor would be justified in using force against the other under Section 9.31; and

(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:

(A) to protect the actor against the other's use or attempted use of unlawful deadly force; or

(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the deadly 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

(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.

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

(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly 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 1983, 68th Leg., p. 5316, ch. 977, Sec. 5, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 235, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1 (S.B. 378), Sec. 3, eff. September 1, 2007.

Notes of Decisions

Cited in 547 cases (109 in the last 5 years), 1982–2026 · leading case: Villarreal, Rene Daniel, 453 S.W.3d 429 (Tex. Crim. App. 2015).

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Villarreal, Rene Daniel, 453 S.W.3d 429 (Tex. Crim. App. 2015). · cites it 8× “See Tex. Penal Code § 9.32(b). The State raises this question in its petition for discretionary review, in which it challenges the court of appeals’s reversal of the murder conviction of Rene Daniel Villarreal, appellant, based on the conclusion that he was egregiously harmed by…”

Morales, Jose Manuel, 357 S.W.3d 1 (Tex. Crim. App. 2011). · cites it 6× “Counterpart provisions with respect to self-defense that does not involve deadly force were also added.”

Braughton, Christopher Ernest, 569 S.W.3d 592 (Tex. Crim. App. 2018). · cites it 2× “See TEX. PENAL CODE § 9.32(b). But the jury here could have rationally determined that appellant did not have any "reason to believe" that Dominguez was committing or attempting to commit robbery or murder at the time that appellant shot him.”

Elizondo, Jose Guadalupe Rodriguez, 487 S.W.3d 185 (Tex. Crim. App. 2016). · cites it 3× “Paragraph IV begins by tracking the language of Texas Penal Code section 9.32. However, as the appellate court correctly noted, the instruction fails to include portions of the presumption language that could have benefitted Elizondo: The jury charge only provided that a…”

Gamino, Cesar Alejandro, 537 S.W.3d 507 (Tex. Crim. App. 2017). · cites it 3× “9 Under Texas Penal Code, Section 9.32, a person is justified in using deadly force if he would be justified in using force under Section 9.”

Krajcovic v. State, 393 S.W.3d 282 (Tex. Crim. App. 2013). · cites it 5× “" Before September 1, 2007, deadly force under Texas Penal Code Section 9.32(a) was justified only "if a reasonable person in the actor's situation would not have retreated.”

Trammell v. State, 287 S.W.3d 336 (Tex. App. 2009). · cites it 6× “[10] Tex. Penal Code Ann. § 9.32 (a) (Vernon Supp.”

Harold L. Graves, Jr. v. State, 452 S.W.3d 907 (Tex. App. 2014). · cites it 7× “See Tex. Penal Code Ann. § 9.32 (b), (c) (West 2011).”

Reeves, Gary Patrick, 420 S.W.3d 812 (Tex. Crim. App. 2013). · cites it 2× “See Tex. Penal Code § 9.32. 3 . See Tex. Penal Code § 9.”

Dusti Kenne Lee v. State, 415 S.W.3d 915 (Tex. App. 2013). · cites it 4× “Tex. Penal Code Ann. § 9.32 . Many murder cases revolve around whether the actor was reasonable in that belief when causing a death.”

Ferrel v. State, 55 S.W.3d 586 (Tex. Crim. App. 2001). · cites it 2× “" [3] The court of appeals did not hold that appellant was entitled to a deadly-force self-defense instruction under Texas Penal Code § 9.32(a), so I do not reach that question.”

Mejia v. Davis, 906 F.3d 307 (5th Cir. 2018). · cites it 2× “See TEX. PENAL CODE § 9.32 (a)(2) (deadly force justified "when and to the degree the actor reasonably believes the deadly force is immediately necessary" to protect against another's attempted use of deadly force); Alonzo , 353 S.”

Show all 547 citing cases →

— Tex. Penal Code § 9.32(1) — 3 cases

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

Marlow v. State, 886 S.W.2d 314 (Tex. App. 1994).

Gonzalez v. State, 733 S.W.2d 589 (Tex. App. 1987).

— Tex. Penal Code § 9.32(2) — 5 cases

Martinez v. State, 775 S.W.2d 645 (Tex. Crim. App. 1989).

Juarez v. State, 886 S.W.2d 511 (Tex. App. 1994).

Bartmess v. State, 708 S.W.2d 905 (Tex. App. 1986).

State of Minnesota v. Julian Daniel Valdez (Minn. Ct. App. 2023).

State of Minnesota v. Julian Daniel Valdez (Minn. 2024).

— Tex. Penal Code § 9.32(3) — 2 cases

Murphy v. State, 700 S.W.2d 747 (Tex. App. 1985).

Venegas v. State, 660 S.W.2d 547 (Tex. App. 1983).

— Tex. Penal Code § 9.32(3)(A) — 2 cases

Pierini v. State, 804 S.W.2d 258 (Tex. App. 1991).

Irwin v. Santiago (N.D. Tex. 2020).

— Tex. Penal Code § 9.32(3)(B) — 4 cases

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

Marlow v. State, 886 S.W.2d 314 (Tex. App. 1994).

Holmes v. State, 830 S.W.2d 263 (Tex. App. 1992).

Romero v. State, 663 S.W.2d 121 (Tex. App. 1983).

— Tex. Penal Code § 9.32(a) — 124 cases

Ferrel v. State, 55 S.W.3d 586 (Tex. Crim. App. 2001). “" [3] The court of appeals did not hold that appellant was entitled to a deadly-force self-defense instruction under Texas Penal Code § 9.32(a), so I do not reach that question.”

Krajcovic v. State, 393 S.W.3d 282 (Tex. Crim. App. 2013). “" Before September 1, 2007, deadly force under Texas Penal Code Section 9.32(a) was justified only "if a reasonable person in the actor's situation would not have retreated.”

Rich v. State, 160 S.W.3d 575 (Tex. Crim. App. 2005).

Jaynes v. State, 216 S.W.3d 839 (Tex. App. 2006).

Morales, Jose Manuel, 357 S.W.3d 1 (Tex. Crim. App. 2011). “Counterpart provisions with respect to self-defense that does not involve deadly force were also added.”

— Tex. Penal Code § 9.32(a)(1) — 22 cases

Alonzo v. State, 353 S.W.3d 778 (Tex. Crim. App. 2011).

Elizondo, Jose Guadalupe Rodriguez, 487 S.W.3d 185 (Tex. Crim. App. 2016). “Paragraph IV begins by tracking the language of Texas Penal Code section 9.32. However, as the appellate court correctly noted, the instruction fails to include portions of the presumption language that could have benefitted Elizondo: The jury charge only provided that a…”

Curry v. State, 222 S.W.3d 745 (Tex. App. 2007).

Dudzik v. State, 276 S.W.3d 554 (Tex. App. 2009).

Christopher Lee Powell v. the State of Texas (Tex. App. 2025).

— Tex. Penal Code § 9.32(a)(1)(A) — 1 case

Jordan v. State, 558 S.W.3d 173 (Tex. App. 2018).

— Tex. Penal Code § 9.32(a)(2) — 28 cases

Moore v. State, 969 S.W.2d 4 (Tex. Crim. App. 1998).

Mozon v. State, 991 S.W.2d 841 (Tex. Crim. App. 1999).

Tibbs v. State, 125 S.W.3d 84 (Tex. App. 2003).

Morales, Jose Manuel, 357 S.W.3d 1 (Tex. Crim. App. 2011). “Counterpart provisions with respect to self-defense that does not involve deadly force were also added.”

Christopher Ernest Braughton v. State, 522 S.W.3d 714 (Tex. App. 2017).

— Tex. Penal Code § 9.32(a)(2)(A) — 29 cases

Mejia v. Davis, 906 F.3d 307 (5th Cir. 2018). “See TEX. PENAL CODE § 9.32 (a)(2) (deadly force justified "when and to the degree the actor reasonably believes the deadly force is immediately necessary" to protect against another's attempted use of deadly force); Alonzo , 353 S.”

Morales, Jose Manuel, 357 S.W.3d 1 (Tex. Crim. App. 2011). “Counterpart provisions with respect to self-defense that does not involve deadly force were also added.”

Gavin Heath Gilbert v. State, 575 S.W.3d 848 (Tex. App. 2019).

Ryan Abner Burgs v. State (Tex. App. 2018).

Kathryn L. Preston v. State (Tex. App. 2018).

— Tex. Penal Code § 9.32(a)(2)(B) — 16 cases

Gavin Heath Gilbert v. State, 575 S.W.3d 848 (Tex. App. 2019).

Demekayla Daquis Durden v. the State of Texas (Tex. App. 2021).

Zafar Ali Raza v. State (Tex. App. 2018).

Kathryn L. Preston v. State (Tex. App. 2018).

Rickey Donell Williamson v. State (Tex. App. 2019).

— Tex. Penal Code § 9.32(a)(3) — 4 cases

Kelley v. State, 968 S.W.2d 395 (Tex. App. 1998).

Tidmore v. State, 976 S.W.2d 724 (Tex. App. 1998).

Mejia v. Stephens, 289 F. Supp. 3d 799 (S.D. Tex. 2017).

Karra Trichele Allen v. State (Tex. App. 2016).

— Tex. Penal Code § 9.32(a)(3)(A) — 4 cases

Benavides v. State, 992 S.W.2d 511 (Tex. App. 1999).

Osby v. State, 939 S.W.2d 787 (Tex. App. 1997).

Rodriguez v. State, 212 S.W.3d 819 (Tex. App. 2006).

Bobby Ray Holts v. State (Tex. App. 2002).

— Tex. Penal Code § 9.32(a)(3)(B) — 1 case

Vasquez v. State, 2 S.W.3d 355 (Tex. App. 1999).

— Tex. Penal Code § 9.32(a)(B) — 1 case

Michael Ryan Warner v. the State of Texas (Tex. App. 2023).

— Tex. Penal Code § 9.32(b) — 42 cases

Villarreal, Rene Daniel, 453 S.W.3d 429 (Tex. Crim. App. 2015). “See Tex. Penal Code § 9.32(b). The State raises this question in its petition for discretionary review, in which it challenges the court of appeals’s reversal of the murder conviction of Rene Daniel Villarreal, appellant, based on the conclusion that he was egregiously harmed by…”

Braughton, Christopher Ernest, 569 S.W.3d 592 (Tex. Crim. App. 2018). “See TEX. PENAL CODE § 9.32(b). But the jury here could have rationally determined that appellant did not have any "reason to believe" that Dominguez was committing or attempting to commit robbery or murder at the time that appellant shot him.”

Morales, Jose Manuel, 357 S.W.3d 1 (Tex. Crim. App. 2011). “Counterpart provisions with respect to self-defense that does not involve deadly force were also added.”

Whipple v. State, 281 S.W.3d 482 (Tex. App. 2009).

Sparks v. State, 177 S.W.3d 127 (Tex. App. 2005).

— Tex. Penal Code § 9.32(b)(1) — 5 cases

Maurine Foster Parker v. State (Tex. App. 2019).

Magan Marie Kryzak v. State (Tex. App. 2019).

Jason Ricardo Baez v. the State of Texas (Tex. App. 2023).

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

— Tex. Penal Code § 9.32(b)(1)(A) — 8 cases

Elizondo, Jose Guadalupe Rodriguez (Tex. App. 2015).

Roderick Jordan v. State (Tex. App. 2016).

Rickey Donnell Crawford v. the State of Texas (Tex. App. 2021).

Bryant Charles Pierce v. the State of Texas (Tex. App. 2024).

Graves, Harold L. Jr. (Tex. App. 2015).

— Tex. Penal Code § 9.32(b)(1)(B) — 1 case

Karra Trichele Allen v. State (Tex. App. 2016).

— Tex. Penal Code § 9.32(b)(1)(C) — 6 cases

Morales, Jose Manuel, 357 S.W.3d 1 (Tex. Crim. App. 2011). “Counterpart provisions with respect to self-defense that does not involve deadly force were also added.”

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

Julian Villegas v. State (Tex. App. 2019).

Christopher Lee Powell v. the State of Texas (Tex. App. 2025).

— Tex. Penal Code § 9.32(b)(2) — 5 cases

Karra Trichele Allen v. State (Tex. App. 2016).

Angel Herrera v. the State of Texas (Tex. App. 2024).

Christopher Lee Powell v. the State of Texas (Tex. App. 2025).

Tyrone Learone McCurdy v. State (Tex. App. 2013).

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

— Tex. Penal Code § 9.32(b)(3) — 8 cases

CUEVAS, VICTOR HUGO v. the State of Texas (Tex. Crim. App. 2026).

Jason Ricardo Baez v. the State of Texas (Tex. App. 2023).

Demontrion Terreil Albert v. the State of Texas (Tex. App. 2025).

Michael Ryan Warner v. the State of Texas (Tex. App. 2023).

Charles Jerome Carter v. the State of Texas (Tex. App. 2024).

— Tex. Penal Code § 9.32(c) — 22 cases

Gavin Heath Gilbert v. State, 575 S.W.3d 848 (Tex. App. 2019).

Morales, Jose Manuel, 357 S.W.3d 1 (Tex. Crim. App. 2011). “Counterpart provisions with respect to self-defense that does not involve deadly force were also added.”

Christopher Lee Powell v. the State of Texas (Tex. App. 2025).

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

— Tex. Penal Code § 9.32(d) — 2 cases

Jordan Isaiah Lopez v. the State of Texas (Tex. App. 2025).

Brian Lee Russell v. State (Tex. App. 2014).

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