Use of Force & Arrest · §1.07

Statutory Definitions (Penal Code)

Statutory Definitions (Penal Code) is covered under §1.07 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Self-Defense" on practice exams.

To prove this offense, the State must establish each of the following elements: Bat used as a weapon = deadly weapon (§1.07(a)(17)); Attempted use of unlawful deadly force; Reasonable belief deadly force immediately necessary; §9.32(a) deadly force in self-defense.

Elements you must prove

  • Bat used as a weapon = deadly weapon (§1.07(a)(17))
  • Attempted use of unlawful deadly force
  • Reasonable belief deadly force immediately necessary
  • §9.32(a) deadly force in self-defense

Practice 3 questions on this topic

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Worked examples

Worked example 1

SCENARIO. A defendant is attacked by an aggressor with a baseball bat. The defendant draws a pistol and shoots. Apply Texas law.

  1. Always unlawful — guns are deadly force vs. baseball bat
  2. Likely justified — a baseball bat used as a weapon is a deadly weapon under §1.07(a)(17) (capable of causing death or SBI in the manner of its use); deadly force in response to attempted use of unlawful deadly force satisfies §9.32(a) Correct
  3. Justified only if struck first
  4. Manslaughter at most
Why: A bat used as a weapon qualifies as a deadly weapon. Deadly force in response to attempted unlawful deadly force is justified under §9.32, and §9.31's defense of self underlies it.
Statute: Tex. Penal Code §1.07(a)(17), §9.32(a)
Worked example 2

Under §1.07(a)(17), in evaluating deadly-weapon use in a self-defense case, hands and feet:

  1. Are never deadly weapons
  2. May qualify as deadly weapons under the second prong (anything that in the manner of its use or intended use is capable of causing death or SBI), depending on the manner of use (e.g., strangulation, beating) Correct
  3. Are always deadly weapons
  4. Are deadly weapons only if armed
Why: Hands, feet, vehicles, and other items can qualify as deadly weapons under the manner-of-use prong. This matters both for charging Aggravated Assault and for evaluating self-defense responses.
Statute: Tex. Penal Code §1.07(a)(17)
Worked example 3

Under §9.31, the actor's belief is reasonable if a:

  1. Subjective standard
  2. Reasonable person, in the actor's situation and from the actor's standpoint, would have held that belief Correct
  3. Statistical standard
  4. Negligence standard
Why: 'Reasonable belief' is judged from the perspective of an ordinary and prudent person in the actor's circumstances. It blends an objective standard with the actor's situation.
Statute: Tex. Penal Code §1.07(a)(42); §9.31; Texas case law

Statutory definitions for this topic

Deadly weapon Tex. Penal Code §1.07(a)(17)
(A) A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; OR (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
Reasonable belief Tex. Penal Code §1.07(a)(42)
A belief that an ordinary and prudent person in the actor's situation, judged from the actor's standpoint at the time, would have held under the same or similar circumstances.