Texas High Court Limits Self Defense Law
Posted: Mon Dec 01, 2025 2:03 pm
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Texas High Court Limits Self Defense Law
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Re: Texas High Court Limits Self Defense Law
Posted: Mon Dec 01, 2025 5:36 pm
Someone's gonna need to explain to me how that affects law abiding people who are not in the process of resisting arrest... or some other situation in chapter 9 that I might find myself in.
Re: Texas High Court Limits Self Defense Law
Posted: Mon Dec 01, 2025 9:35 pm
In all honesty, I do not see how this is a major change to the interpretation of these sections of law.
Where it might affect us is very rare, I think. Use of deadly force is barred in certain circumstances, so it would be impossible to use the necessity defense in those same circumstances. But I am not sure how that could happen.
Where it might affect us is very rare, I think. Use of deadly force is barred in certain circumstances, so it would be impossible to use the necessity defense in those same circumstances. But I am not sure how that could happen.
Re: Texas High Court Limits Self Defense Law
Posted: Mon Dec 01, 2025 10:59 pm
Agreed 
I see TPC 9.22 "Necessity" as a weak place to put your Self Defense argument. I see it more as a catch-all for outlier scenarios, not self defense.
The way I explain 9.22 to students is
"Its unlawful for me to drive my truck on the sidewalk. If a child darts into the street & I swerve to miss the kid, but go onto the sidewalk where others are present, I can still be charged with Deadly Conduct or Reckless Driving. It would be up to my lawyer to argue that my actions were "Necessary" in accordance with ordinary reasonablness to avoid the much greater risk of hitting a kid."
TPC 9.31 / 9.32 / 9.33 / 9.41 / 9.42 are all much better places to hang your hat regarding justification for uses of force.
I see TPC 9.22 "Necessity" as a weak place to put your Self Defense argument. I see it more as a catch-all for outlier scenarios, not self defense.
The way I explain 9.22 to students is
"Its unlawful for me to drive my truck on the sidewalk. If a child darts into the street & I swerve to miss the kid, but go onto the sidewalk where others are present, I can still be charged with Deadly Conduct or Reckless Driving. It would be up to my lawyer to argue that my actions were "Necessary" in accordance with ordinary reasonablness to avoid the much greater risk of hitting a kid."
TPC 9.31 / 9.32 / 9.33 / 9.41 / 9.42 are all much better places to hang your hat regarding justification for uses of force.