Use of Force & Arrest · §9.21
Public Duty
Public Duty (§9.21): key points and worked practice questions for Texas peace officer exam preparation.
Key points
- Reasonable belief the conduct is required or authorized by law, a court order, or legal process
- Deadly force is justified under this section only if the actor reasonably believes a statute specifically requires it, or in the lawful conduct of war (§9.21(c))
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Worked examples
Worked example 1
Under §9.21 (Public Duty), a person is justified in using force when:
- Anytime acting in their job
- The actor reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or governmental tribunal, or in the execution of legal process Correct
- Anytime ordered by a supervisor
- Only if a warrant is presented
Why: Public duty justification covers conduct authorized by law or required by a court order or legal process — but a public servant's order alone (without underlying legal authority) is insufficient to justify the use of deadly force, except as separately authorized.
Statute: Tex. Penal Code §9.21
Statutory definitions for this topic
- Public duty Tex. Penal Code §9.21
- A justification when the actor reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or governmental tribunal, or in the execution of legal process.