Tex. Codes » Penal Code · TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY · CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY
Texas Codes

Tex. Penal Code § 9.52 (2026)

Prevention Of Escape From Custody

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Sec. 9.52. PREVENTION OF ESCAPE FROM CUSTODY. The use of force to prevent the escape of an arrested person from custody is justifiable when the force could have been employed to effect the arrest under which the person is in custody, except that a guard employed by a correctional facility or a peace officer is justified in using any force, including deadly force, that he reasonably believes to be immediately necessary to prevent the escape of a person from the correctional facility.

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 3 cases, 1994–2008 · leading case: Bros. v. Klevenhagen, 28 F.3d 452 (5th Cir. 1994).
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Bros. v. Klevenhagen, 28 F.3d 452 (5th Cir. 1994). · cites it 2× “It is undisputed that the deputies acted in accordance with the official policy of the sheriffs department, based upon Tex.Penal Code § 9.52, which authorizes the use of deadly force to prevent escape from the jail without regard to whether the person is dangerous.”
Azeez v. State, 248 S.W.3d 182 (Tex. Crim. App. 2008). “]” Tex Penal Code § 9.52. We doubt that the Legislature intended that this defensive issue should be available only to peace officers who effectuated the arrest "pursuant to an order of a court.”
Azeez, Sheriff K., No. PD-0010-07 (Tex. Crim. App. Mar. 5, 2008). “]" Tex. Penal Code § 9.52. We doubt that the Legislature intended that this defensive issue should be available only to peace officers who effectuated the arrest "pursuant to an order of a court.”
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