Tex. Codes » Penal Code · TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY · CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY
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Tex. Penal Code § 9.33 (2026)

Defense Of Third Person

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Sec. 9.33. DEFENSE OF THIRD PERSON. A person is justified in using force or deadly force against another to protect a third person if:

(1) under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and

(2) the actor reasonably believes that his intervention is immediately necessary to protect the 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 120 cases (19 in the last 5 years), 1982–2026 · leading case: White v. State, 201 S.W.3d 233 (Tex. App.—Fort Worth 2006).
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White v. State, 201 S.W.3d 233 (Tex. App.—Fort Worth 2006). · cites it 4× “" TEX. PENAL CODE ANN. § 9.33 (Vernon 2002) (emphasis added).”
Shanklin v. State, 190 S.W.3d 154 (Tex. App.—Houston [1st Dist.] 2005). · cites it 2× “See TEX. PEN.CODE ANN. § 9.33 (Vernon 2003). Appellant argues that he was prejudiced because defense counsel allowed the "prosecutor to denigrate the defensive theory that he did raise — defense of a third person — by failing to take prompt corrective action when she misstated…”
Bobo v. State, 757 S.W.2d 58 (Tex. App. 1988). · cites it 3× “In their first eight points of error, appellants challenge pre-trial and trial rulings by the trial court which they argue resulted in an exclusion of evidence relevant to their claimed justification theories, defense of third persons and necessity, Tex.Penal Code Ann. §§ 9.33 &…”
Smith v. State, 355 S.W.3d 138 (Tex. App.—Houston [1st Dist.] 2011). “Tex. Penal Code Ann. § 9.33 . A person defending on the grounds of defense of a third person stands in the shoes of the third person.”
Rachal v. State, 917 S.W.2d 799 (Tex. Crim. App. 1996). “Tex.Penal Code Ann. § 9.33. The State's witness, an assistant district attorney who presented the case to the Grand Jury, conceded appellant's conduct was justified under § 9.”
Morales, Jose Manuel, 357 S.W.3d 1 (Tex. Crim. App. 2011). “See Tex. Penal Code § 9.33; Hughes v. State, 719 S.”
Gregory Shawn Henley v. State, 454 S.W.3d 106 (Tex. App.—Fort Worth 2014). · cites it 3× “9 The defendant’s testimony alone may be sufficient to raise a defensive theory requiring an instruction in the charge.”
Roberto Sanchez v. State, 418 S.W.3d 302 (Tex. App.—Fort Worth 2013). “Tex. Penal Code Ann. § 9.33 (West 2011). Sanchez also requested a necessity instruction under penal code section 9.”
Christopher Ernest Braughton v. State, 522 S.W.3d 714 (Tex. App.—Houston [1st Dist.] 2017). “1986)); see Tex. Penal Code § 9.33. Both of these defenses—self-defense and defense of others—may be raised as justifications for a defendant’s actions and in support of an acquittal against a charge of murder or manslaughter.”
Henderson v. State, 906 S.W.2d 589 (Tex. App.—El Paso 1995). · cites it 2× “See TexPenal Code Ann. § 9.33 (Vernon 1994). The State argues that the excluded evidence is irrelevant because there is no evidence to show that Morrison or his family were actually present at the time of the shooting.”
Letson v. State, 805 S.W.2d 801 (Tex. App. 1990). · cites it 2× “Tex.Penal Code Ann. § 9.33 (Vernon 1974).”
State v. Cook, 515 S.E.2d 127 (W. Va. 1999). · cites it 2× “1997); Tex. Penal Code Ann. § 9.33 (1994) (West Main Vol.”
Show all 120 citing cases →
Tex. Penal Code § 9.33(1): 1 case
Darrick Carriere v. State of Texas, No. 01-23-00071-CR (Tex. App.—Houston [1st Dist.] Apr. 4, 2024).
Tex. Penal Code § 9.33(2): 4 cases
Cooper v. State, 910 S.W.2d 605 (Tex. App.—Tyler 1995).
Constancio v. State, 643 S.W.2d 153 (Tex. App.—Austin 1982).
Young v. State, 542 S.W.3d 830 (Tex. App.—Amarillo 2018).
Jesse Wyatt Vickers v. State of Texas, No. 03-21-00497-CR (Tex. App.—Austin Sept. 28, 2023).
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