Use of Force & Arrest · §9.04

Threats as Justifiable Force

Threats as Justifiable Force (§9.04): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Threat (including weapon display)
  • Purpose: create apprehension that actor will use deadly force if necessary
  • Justified to same extent the use of force itself would be

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Worked examples

Worked example 1

Under §9.04 (Threats as justifiable force), the threat to use force or deadly force is:

  1. Always treated as the use of force itself
  2. Justified to the same extent that the use of force would be — including a verbal threat or display intended to create apprehension that the actor will use deadly force if necessary Correct
  3. Never permitted
  4. Only permitted by peace officers
Why: A threat (including the production of a weapon) is justified to the same extent that actual force or deadly force would be justified — provided the actor's purpose is limited to creating apprehension that he will use deadly force if necessary.
Statute: Tex. Penal Code §9.04
Worked example 2

SCENARIO. Defendant brandishes a handgun (does not fire) at an attacker who is closing distance with a knife. Apply §9.04.

  1. Aggravated assault by defendant — no defense
  2. Justified under §9.04 (Threats as Justifiable Force) when accompanied by §9.31/§9.32 underlying justification — a verbal threat or weapon display intended to create apprehension that deadly force will be used if necessary is justified to the same extent the use of force would be Correct
  3. Manslaughter
  4. Class C disorderly conduct
Why: A weapon display intended to convey readiness to use deadly force if necessary is justified to the same extent that deadly force would be — provided the underlying §9.31/§9.32 conditions are met.
Statute: Tex. Penal Code §9.04, §9.31, §9.32

Statutory definitions for this topic

Threats as justifiable force Tex. Penal Code §9.04
A threat to use force or deadly force (including a verbal threat or weapon display) is justified to the same extent that the use of force itself would be — provided the actor's purpose is limited to creating apprehension that he will use deadly force if necessary.