CHAPTER 8. GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY
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.