Let's face it. People commit crimes. Or, at least, they are alleged to have done so (unless proven guilty beyond a reasonable doubt in a court of law, etc.).
However, even if you're guilty of a crime, your conduct may be excused in law if it fits into one of the "defenses" articulated in the Texas Penal Code. Note that some are NOT defenses, but may simply mitigate punishment rather than excusing your conduct outright (as in the case of "intoxication").
Read on...
§ 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, § 1, eff.
Amended by Acts 1983, 68th Leg., p. 2640, ch. 454, § 1, eff. Aug.
29, 1983; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 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, § 1, eff.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 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, § 1, eff.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 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, § 1, eff.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 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, § 1, eff.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 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
instructions from such agents.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 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 other than
public intoxication;
(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, § 1, eff.
Amended by Acts 1975, 64th Leg., p. 2158, ch. 693, § 24, eff.
1, 1987; Acts 1989, 71st Leg., ch. 1245, § 3, eff.
Acts 1991, 72nd Leg., ch. 169, § 3, eff.
1993, 73rd Leg., ch. 900, § 1.01, eff.
Acts 1995, 74th Leg., ch. 262, § 77, eff.
1997, 75th Leg., ch. 165, § 30.236, eff.
1997, 75th Leg., ch. 822, § 4, eff.
75th Leg., ch. 1086, § 42, eff.
Leg., ch. 1297, § 68, eff.
ch. 283, § 52, eff.
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