Use of Force & Arrest · §9.22

Necessity

Necessity (§9.22): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Reasonable belief conduct is immediately necessary
  • To avoid imminent harm
  • Desirability/urgency clearly outweighs the harm sought to be prevented
  • No legislative purpose to exclude the defense

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Worked examples

Worked example 1

'Necessity' under §9.22 is a justification when:

  1. The actor had any reason to act
  2. The actor reasonably believes the conduct is immediately necessary to avoid imminent harm; the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented; AND a legislative purpose to exclude the justification claimed does not otherwise plainly appear Correct
  3. The actor was ordered to act
  4. Only peace officers may invoke it
Why: Necessity has three elements: reasonable belief of imminent need, balance of harm in favor of conduct, and no legislative purpose to exclude the defense.
Statute: Tex. Penal Code §9.22

Statutory definitions for this topic

Necessity Tex. Penal Code §9.22
A justification when the actor reasonably believes the conduct is immediately necessary to avoid imminent harm; the desirability and urgency of avoiding the harm clearly outweigh, by ordinary standards of reasonableness, the harm sought to be prevented; AND no legislative purpose to exclude the justification plainly appears.