Tex. Codes » Penal Code · TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY · CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY
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Tex. Penal Code § 9.61 (2026)

Parent-child

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Sec. 9.61. PARENT-CHILD. (a) The use of force, but not deadly force, against a child younger than 18 years is justified:

(1) if the actor is the child's parent or stepparent or is acting in loco parentis to the child; and

(2) when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.

(b) For purposes of this section, "in loco parentis" includes grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child, and anyone who has express or implied consent of the parent or parents.

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 36 cases (6 in the last 5 years), 1988–2026 · leading case: Quattrocchi v. State, 173 S.W.3d 120 (Tex. App.—Fort Worth 2005).
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Quattrocchi v. State, 173 S.W.3d 120 (Tex. App.—Fort Worth 2005). · cites it 6× “61 of the Texas Penal Code. TEX. PENAL CODE ANN. § 9.”
Willis v. State, 888 N.E.2d 177 (Ind. 2008). · cites it 2× “Codified Laws § 22-18-5 (1998); Tex. Penal Code Ann. § 9.61 (a) (2003). [6] The statute provides, "A person is justified in engaging in conduct otherwise prohibited if he has legal authority to do so.”
Prenger v. State, 108 S.W.3d 501 (Tex. App.—Houston [14th Dist.] 2003). · cites it 3× “” See Tex. Pen.Code Ann. § 9.61. As prepared, the charge limited the justification instruction to the offense of injury to a child.”
Davis v. State, 104 S.W.3d 177 (Tex. App.—Waco 2003). “” See Tex Pen.Code Ann. § 9.61(a)(2). The Penal Code defines a “reasonable belief’ as “a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.”
Alexander v. State, 229 S.W.3d 731 (Tex. App.—San Antonio 2007). “Tex Penal Code Ann. § 9.61(a) (Vernon 2003) (justification of parent-child discipline is not available when deadly force is used).”
Commonwealth v. Dorvil, 32 N.E.3d 861 (Mass. 2015). “10 ; Tex. Penal Code §9.61. 6 N.D. Cent. Code § 12.”
Teubner v. State, 742 S.W.2d 57 (Tex. App. 1988). · cites it 2× “However, force going beyond that which is necessary for discipline is prohibited. The question in this case is whether the appellants reasonably believed their use of force was necessary to discipline their child.”
Goulart v. State, 26 S.W.3d 5 (Tex. App.—Waco 2000). · cites it 2× “Tex. Pen. Code Ann. § 9.61 (a) (Vernon 1994).”
Shawntrell Dawkins v. State, 557 S.W.3d 592 (Tex. App.—El Paso 2016). “61(a) states: “The use of force, but not deadly force, against a child younger than 18 years is justified: (1) if the actor is the child’s parent or stepparent or is acting in loco parentis to the child” and “in loco parentis” is defined as “anyone who has express or implied…”
Pleasant Glade Assembly of God v. Schubert, 174 S.W.3d 388 (Tex. App.—Fort Worth 2005). “62(1) (providing that use of nondeadly force against a person is justified (1) if actor is entrusted with the care, supervision, or administration of the person for a special purpose, (2) when and to the degree actor reasonably believes necessary to further special purpose or to…”
Frederick O'Neal Scott v. State, No. 13-14-00517-CR (Tex. App.—Corpus Christi Apr. 17, 2015). · cites it 12× “11 Tex. Pen. Code §9.61. ...................”
Frederick O'Neal Scott v. State, No. 13-14-00517-CR (Tex. App.—Corpus Christi July 21, 2016). · cites it 3× “TEX. PENAL CODE ANN. § 9.61. 2. Prior Bad Acts Character evidence is ordinarily inadmissible.”
Show all 36 citing cases →
Tex. Penal Code § 9.61(a): 9 cases
Alexander v. State, 229 S.W.3d 731 (Tex. App.—San Antonio 2007). “Tex Penal Code Ann. § 9.61(a) (Vernon 2003) (justification of parent-child discipline is not available when deadly force is used).”
Teubner v. State, 742 S.W.2d 57 (Tex. App. 1988). “However, force going beyond that which is necessary for discipline is prohibited. The question in this case is whether the appellants reasonably believed their use of force was necessary to discipline their child.”
Goulart v. State, 26 S.W.3d 5 (Tex. App.—Waco 2000). “Tex. Pen. Code Ann. § 9.61 (a) (Vernon 1994).”
Jerry Neill Sharpe v. State of Texas, No. 03-21-00437-CR (Tex. App.—Austin Aug. 31, 2022).
Joan Johnson v. Michael Phillips, No. 01-15-00173-CV (Tex. App.—Houston [1st Dist.] Sept. 18, 2015).
Tex. Penal Code § 9.61(a)(1): 1 case
Shawntrell Dawkins v. State, 557 S.W.3d 592 (Tex. App.—El Paso 2016). “61(a) states: “The use of force, but not deadly force, against a child younger than 18 years is justified: (1) if the actor is the child’s parent or stepparent or is acting in loco parentis to the child” and “in loco parentis” is defined as “anyone who has express or implied…”
Tex. Penal Code § 9.61(a)(2): 6 cases
Davis v. State, 104 S.W.3d 177 (Tex. App.—Waco 2003). “” See Tex Pen.Code Ann. § 9.61(a)(2). The Penal Code defines a “reasonable belief’ as “a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.”
Quattrocchi v. State, 173 S.W.3d 120 (Tex. App.—Fort Worth 2005). “61 of the Texas Penal Code. TEX. PENAL CODE ANN. § 9.”
Prenger v. State, 108 S.W.3d 501 (Tex. App.—Houston [14th Dist.] 2003). “” See Tex. Pen.Code Ann. § 9.61. As prepared, the charge limited the justification instruction to the offense of injury to a child.”
Kevin Paul English v. State of Texas, No. 06-25-00127-CR (June 5, 2026).
Rebecca Hewett v. State, No. 03-11-00234-CR (Tex. App.—Austin Aug. 15, 2013).
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