Use of Force & Arrest · §9.06

Civil Remedies Unaffected

Civil Remedies Unaffected (§9.06): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Conduct justified under Penal Code Chapter 9
  • Justification does not abolish or impair any remedy available in a civil suit (§9.06)
  • Civil liability is decided separately from criminal liability

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Worked examples

Worked example 1

Under Tex. Penal Code §9.06 (Civil Remedies Unaffected), when a person's use of force is justified under Chapter 9:

  1. The person is automatically immune from any civil lawsuit
  2. The justification does not abolish or impair any remedy for the conduct that is available in a civil suit Correct
  3. The person can still be convicted of the offense
  4. The person must still pay a criminal fine for the conduct
Why: Section 9.06 provides that the fact that conduct is justified under Chapter 9 does not abolish or impair any remedy for the conduct that is available in a civil suit. Justification answers criminal liability; civil liability is decided separately. (Confinement as justifiable force is a different section, §9.03.)
Statute: Tex. Penal Code §9.06