Texas Codes
Tex. Penal Code § 9.32 (2026)
Deadly Force In Defense Of Person
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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
(C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);
(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).
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…”
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.”
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.”
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…”
Gamino, Cesar Alejandro, 537 S.W.3d 507 (Tex. Crim. App. 2017). “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). “" 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.—Fort Worth 2009). “[10] Tex. Penal Code Ann. § 9.32 (a) (Vernon Supp.”
Harold L. Graves, Jr. v. State, 452 S.W.3d 907 (Tex. App.—Texarkana 2014). “See Tex. Penal Code Ann. § 9.32 (b), (c) (West 2011).”
Reeves, Gary Patrick, 420 S.W.3d 812 (Tex. Crim. App. 2013). “See Tex. Penal Code § 9.32. 3 . See Tex. Penal Code § 9.”
Dusti Kenne Lee v. State, 415 S.W.3d 915 (Tex. App.—Texarkana 2013). “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). “" [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). “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.”
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.—Houston [1st Dist.] 1994).
Gonzalez v. State, 733 S.W.2d 589 (Tex. App.—San Antonio 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.—Houston [1st Dist.] 1994).
Bartmess v. State, 708 S.W.2d 905 (Tex. App.—Tyler 1986).
State of Minnesota v. Julian Daniel Valdez, 997 N.W.2d 557 (Minn. Ct. App. 2023).
State of Minnesota v. Julian Daniel Valdez, 12 N.W.3d 191 (Minn. 2024).
Tex. Penal Code § 9.32(3): 2 cases
Murphy v. State, 700 S.W.2d 747 (Tex. App.—Dallas 1985).
Venegas v. State, 660 S.W.2d 547 (Tex. App.—San Antonio 1983).
Tex. Penal Code § 9.32(3)(A): 2 cases
Pierini v. State, 804 S.W.2d 258 (Tex. App.—Houston [1st Dist.] 1991).
Irwin v. Santiago, No. 3:19-cv-02926 (N.D. Tex. Mar. 9, 2020).
Tex. Penal Code § 9.32(3)(B): 4 cases
Nance v. State, 807 S.W.2d 855 (Tex. App.—Corpus Christi 1991).
Marlow v. State, 886 S.W.2d 314 (Tex. App.—Houston [1st Dist.] 1994).
Holmes v. State, 830 S.W.2d 263 (Tex. App.—Texarkana 1992).
Romero v. State, 663 S.W.2d 121 (Tex. App.—Houston [1st Dist.] 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.—Corpus Christi 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.—Waco 2007).
Dudzik v. State, 276 S.W.3d 554 (Tex. App.—Waco 2009).
Christopher Lee Powell v. State of Texas, No. 04-24-00302-CR (Tex. App.—San Antonio Oct. 1, 2025).
Tex. Penal Code § 9.32(a)(1)(A): 1 case
Jordan v. State, 558 S.W.3d 173 (Tex. App.—Texarkana 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.—Houston [14th Dist.] 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.—Houston [1st Dist.] 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.—Texarkana 2019).
Ryan Abner Burgs v. State, No. 14-16-00985-CR (Tex. App.—Houston [14th Dist.] May 22, 2018).
Kathryn L. Preston v. State, No. 03-16-00573-CR (Tex. App.—Austin July 18, 2018).
Tex. Penal Code § 9.32(a)(2)(B): 16 cases
Gavin Heath Gilbert v. State, 575 S.W.3d 848 (Tex. App.—Texarkana 2019).
Demekayla Daquis Durden v. State of Texas, 659 S.W.3d 26 (Tex. App.—Houston [14th Dist.] 2021).
Zafar Ali Raza v. State, No. 05-17-00066-CR (Tex. App.—Dallas Feb. 27, 2018).
Kathryn L. Preston v. State, No. 03-16-00573-CR (Tex. App.—Austin July 18, 2018).
Rickey Donell Williamson v. State, 589 S.W.3d 292 (Tex. App.—Texarkana 2019).
Tex. Penal Code § 9.32(a)(3): 4 cases
Kelley v. State, 968 S.W.2d 395 (Tex. App.—Tyler 1998).
Tidmore v. State, 976 S.W.2d 724 (Tex. App.—Tyler 1998).
Mejia v. Stephens, 289 F. Supp. 3d 799 (S.D. Tex. 2017).
Karra Trichele Allen v. State, No. 03-15-00420-CR (Tex. App.—Austin Oct. 4, 2016).
Tex. Penal Code § 9.32(a)(3)(A): 4 cases
Benavides v. State, 992 S.W.2d 511 (Tex. App.—Houston [1st Dist.] 1999).
Osby v. State, 939 S.W.2d 787 (Tex. App.—Fort Worth 1997).
Rodriguez v. State, 212 S.W.3d 819 (Tex. App.—Austin 2006).
Bobby Ray Holts v. State, No. 03-01-00580-CR (Tex. App.—Austin May 16, 2002).
Tex. Penal Code § 9.32(a)(3)(B): 1 case
Vasquez v. State, 2 S.W.3d 355 (Tex. App.—San Antonio 1999).
Tex. Penal Code § 9.32(a)(B): 1 case
Michael Ryan Warner v. State of Texas, No. 05-22-00155-CR (Tex. App.—Dallas May 9, 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.—El Paso 2009).
Sparks v. State, 177 S.W.3d 127 (Tex. App.—Houston [1st Dist.] 2005).
Tex. Penal Code § 9.32(b)(1): 5 cases
Maurine Foster Parker v. State, No. 06-18-00155-CR (Tex. App.—Texarkana July 3, 2019).
Magan Marie Kryzak v. State, No. 05-18-00660-CR (Tex. App.—Dallas Aug. 27, 2019).
Jason Ricardo Baez v. State of Texas, No. 03-22-00506-CR (Tex. App.—Austin Aug. 25, 2023).
Henley, Gregory Shawn, No. PD-0257-15 (Tex. Crim. App. Apr. 15, 2015).
Henley, Gregory Shawn, No. PD-0257-15 (Tex. Crim. App. July 20, 2015).
Tex. Penal Code § 9.32(b)(1)(A): 8 cases
Elizondo, Jose Guadalupe Rodriguez, No. PD-1039-14 (Tex. Crim. App. Mar. 16, 2015).
Roderick Jordan v. State, No. 07-14-00440-CR (Tex. App.—Amarillo Dec. 22, 2016).
Rickey Donnell Crawford v. State of Texas, 648 S.W.3d 461 (Tex. App.—San Antonio 2021).
Bryant Charles Pierce v. State of Texas, No. 13-23-00387-CR (Tex. App.—Corpus Christi–Edinburg Dec. 5, 2024).
Graves, Harold L. Jr., No. PD-0047-15 (Tex. Crim. App. Jan. 16, 2015).
Tex. Penal Code § 9.32(b)(1)(B): 1 case
Karra Trichele Allen v. State, No. 03-15-00420-CR (Tex. App.—Austin Oct. 4, 2016).
Tex. Penal Code § 9.32(b)(1)(C): 6 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…”
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, No. 05-13-01200-CR, 2015 WL 1859040 (Tex. App.—Dallas Apr. 22, 2015).
Julian Villegas v. State, No. 01-17-00109-CR (Tex. App.—Houston [1st Dist.] May 30, 2019).
Christopher Lee Powell v. State of Texas, No. 04-24-00302-CR (Tex. App.—San Antonio Oct. 1, 2025).
Tex. Penal Code § 9.32(b)(2): 5 cases
Karra Trichele Allen v. State, No. 03-15-00420-CR (Tex. App.—Austin Oct. 4, 2016).
Angel Herrera v. State of Texas, No. 13-22-00352-CR (Tex. App.—Corpus Christi–Edinburg Apr. 25, 2024).
Christopher Lee Powell v. State of Texas, No. 04-24-00302-CR (Tex. App.—San Antonio Oct. 1, 2025).
Tyrone Learone McCurdy v. State, No. 06-12-00206-CR (Tex. App.—Texarkana Sept. 26, 2013).
Bobby Carl Schule v. State, No. 05-13-01200-CR, 2015 WL 1859040 (Tex. App.—Dallas Apr. 22, 2015).
Tex. Penal Code § 9.32(b)(3): 8 cases
CUEVAS, VICTOR HUGO v. State of Texas, 735 S.W.3d 17 (Tex. Crim. App. 2026).
Jason Ricardo Baez v. State of Texas, No. 03-22-00506-CR (Tex. App.—Austin Aug. 25, 2023).
Demontrion Terreil Albert v. State of Texas, No. 01-24-00165-CR (Tex. App.—Houston [1st Dist.] Nov. 13, 2025).
Michael Ryan Warner v. State of Texas, No. 05-22-00155-CR (Tex. App.—Dallas May 9, 2023).
Charles Jerome Carter v. State of Texas, No. 06-23-00107-CR (Tex. App.—Texarkana Feb. 21, 2024).
Tex. Penal Code § 9.32(c): 22 cases
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.”
Gavin Heath Gilbert v. State, 575 S.W.3d 848 (Tex. App.—Texarkana 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. State of Texas, No. 04-24-00302-CR (Tex. App.—San Antonio Oct. 1, 2025).
Brian Darnell Johnson v. State, No. 01-15-00101-CR (Tex. App.—Houston [1st Dist.] Aug. 31, 2015).
Tex. Penal Code § 9.32(d): 2 cases
Jordan Isaiah Lopez v. State of Texas, No. 01-23-00466-CR (Tex. App.—Houston [1st Dist.] June 26, 2025).
Brian Lee Russell v. State, No. 03-12-00440-CR (Tex. App.—Austin Apr. 18, 2014).
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