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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Penal Code § 9.63: GUARDIAN-INCOMPETENT.

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Where this section sits in the code
  1. PENAL CODE
  2. TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY
  3. CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY
  4. SUBCHAPTER F. SPECIAL RELATIONSHIPS

The use of force, but not deadly force, against a mental incompetent is justified:

(1) if the actor is the incompetent's guardian or someone similarly responsible for the general care and supervision of the incompetent; and

(2) when and to the degree the actor reasonably believes the force is necessary:

(A) to safeguard and promote the incompetent's welfare; or

(B) if the incompetent is in an institution for his care and custody, to maintain discipline in the institution.

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.

Collected 2026-08-27T01:47:34Z. Source file · JSON

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