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:

  1. Anytime acting in their job
  2. 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
  3. Anytime ordered by a supervisor
  4. 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.