Use of Force & Arrest · §9.61

Force by Parent or Educator

Force by Parent or Educator (§9.61): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Force against a child younger than 18
  • Actor is the child's parent or stepparent, or is acting in loco parentis
  • Only when and to the degree the actor reasonably believes the force is necessary to discipline the child or safeguard or promote the child's welfare
  • Not deadly force (educators are covered separately by §9.62)

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Worked examples

Worked example 1

Under §9.61 (Parent–Child) and §9.62 (Educator–Student), force (NOT deadly force) is justified when:

  1. Any time a parent or teacher chooses
  2. The actor is the child's parent/stepparent/grandparent/an in-loco-parentis adult (§9.61), or an educator entrusted with the care of the student (§9.62), AND the force is reasonably believed necessary to discipline OR safeguard or promote the welfare of the child/student, AND the force does not include deadly force, gross negligence, or reckless disregard Correct
  3. Only at school
  4. Only at home
Why: Parent-child / educator-student justifications are limited to non-deadly, non-grossly-negligent reasonably-necessary force used to discipline or safeguard.
Statute: Tex. Penal Code §9.61, §9.62

Statutory definitions for this topic

Parent-child / educator-student force Tex. Penal Code §9.61, §9.62
A parent / stepparent / grandparent / in-loco-parentis adult (§9.61), or an educator entrusted with the care of the student (§9.62), is justified in using non-deadly force reasonably believed necessary to discipline, safeguard, or promote the welfare of the child/student — provided the force is not grossly negligent or reckless.