CHAPTER 8. GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY - Texas Statutes

PENAL CODE

TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

CHAPTER 8. GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY

Sec. 8.01. INSANITY. (a) It is an affirmative defense to

prosecution that, at the time of the conduct charged, the actor,

as a result of severe mental disease or defect, did not know that

his conduct was wrong.

(b) The term "mental disease or defect" does not include an

abnormality manifested only by repeated criminal or otherwise

antisocial conduct.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1983, 68th Leg., p. 2640, ch. 454, Sec. 1, eff.

Aug. 29, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.

Sept. 1, 1994.

Sec. 8.02. MISTAKE OF FACT. (a) It is a defense to prosecution

that the actor through mistake formed a reasonable belief about a

matter of fact if his mistaken belief negated the kind of

culpability required for commission of the offense.

(b) Although an actor's mistake of fact may constitute a defense

to the offense charged, he may nevertheless be convicted of any

lesser included offense of which he would be guilty if the fact

were as he believed.

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.

Sec. 8.03. MISTAKE OF LAW. (a) It is no defense to prosecution

that the actor was ignorant of the provisions of any law after

the law has taken effect.

(b) It is an affirmative defense to prosecution that the actor

reasonably believed the conduct charged did not constitute a

crime and that he acted in reasonable reliance upon:

(1) an official statement of the law contained in a written

order or grant of permission by an administrative agency charged

by law with responsibility for interpreting the law in question;

or

(2) a written interpretation of the law contained in an opinion

of a court of record or made by a public official charged by law

with responsibility for interpreting the law in question.

(c) Although an actor's mistake of law may constitute a defense

to the offense charged, he may nevertheless be convicted of a

lesser included offense of which he would be guilty if the law

were as he believed.

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.

Sec. 8.04. INTOXICATION. (a) Voluntary intoxication does not

constitute a defense to the commission of crime.

(b) Evidence of temporary insanity caused by intoxication may be

introduced by the actor in mitigation of the penalty attached to

the offense for which he is being tried.

(c) When temporary insanity is relied upon as a defense and the

evidence tends to show that such insanity was caused by

intoxication, the court shall charge the jury in accordance with

the provisions of this section.

(d) For purposes of this section "intoxication" means

disturbance of mental or physical capacity resulting from the

introduction of any substance into the body.

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.

Sec. 8.05. DURESS. (a) It is an affirmative defense to

prosecution that the actor engaged in the proscribed conduct

because he was compelled to do so by threat of imminent death or

serious bodily injury to himself or another.

(b) In a prosecution for an offense that does not constitute a

felony, it is an affirmative defense to prosecution that the

actor engaged in the proscribed conduct because he was compelled

to do so by force or threat of force.

(c) Compulsion within the meaning of this section exists only if

the force or threat of force would render a person of reasonable

firmness incapable of resisting the pressure.

(d) The defense provided by this section is unavailable if the

actor intentionally, knowingly, or recklessly placed himself in a

situation in which it was probable that he would be subjected to

compulsion.

(e) It is no defense that a person acted at the command or

persuasion of his spouse, unless he acted under compulsion that

would establish a defense under this section.

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.

Sec. 8.06. ENTRAPMENT. (a) It is a defense to prosecution that

the actor engaged in the conduct charged because he was induced

to do so by a law enforcement agent using persuasion or other

means likely to cause persons to commit the offense. Conduct

merely affording a person an opportunity to commit an offense

does not constitute entrapment.

(b) In this section "law enforcement agent" includes personnel

of the state and local law enforcement agencies as well as of the

United States and any person acting in accordance with

instructions from such agents.

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.

Sec. 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY. (a) A person

may not be prosecuted for or convicted of any offense that the

person committed when younger than 15 years of age except:

(1) perjury and aggravated perjury when it appears by proof that

the person had sufficient discretion to understand the nature and

obligation of an oath;

(2) a violation of a penal statute cognizable under Chapter 729,

Transportation Code, except for conduct for which the person

convicted may be sentenced to imprisonment or confinement in

jail;

(3) a violation of a motor vehicle traffic ordinance of an

incorporated city or town in this state;

(4) a misdemeanor punishable by fine only;

(5) a violation of a penal ordinance of a political subdivision;

(6) a violation of a penal statute that is, or is a lesser

included offense of, a capital felony, an aggravated controlled

substance felony, or a felony of the first degree for which the

person is transferred to the court under Section 54.02, Family

Code, for prosecution if the person committed the offense when 14

years of age or older; or

(7) a capital felony or an offense under Section 19.02 for which

the person is transferred to the court under Section

54.02(j)(2)(A), Family Code.

(b) Unless the juvenile court waives jurisdiction under Section

54.02, Family Code, and certifies the individual for criminal

prosecution or the juvenile court has previously waived

jurisdiction under that section and certified the individual for

criminal prosecution, a person may not be prosecuted for or

convicted of any offense committed before reaching 17 years of

age except an offense described by Subsections (a)(1)-(5).

(c) No person may, in any case, be punished by death for an

offense committed while the person was younger than 18 years.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1975, 64th Leg., p. 2158, ch. 693, Sec. 24, eff.

Sept. 1, 1975; Acts 1987, 70th Leg., ch. 1040, Sec. 26, eff.

Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1245, Sec. 3, eff. Sept.

1, 1989; Acts 1991, 72nd Leg., ch. 169, Sec. 3, eff. Sept. 1,

1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 77, eff.

Jan. 1, 1996; Acts 1997, 75th Leg., ch. 165, Sec. 30.236, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 822, Sec. 4, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 1086, Sec. 42, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 1297, Sec. 68, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 283, Sec. 52, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

787, Sec. 2, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

949, Sec. 45, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

311, Sec. 5, eff. September 1, 2009.