TCOLE Use of Force & Arrest Practice Test

Texas Penal Code §9.02 provides that:

1. Justification is an affirmative defense
2. It is a defense to prosecution that the conduct in question is justified under chapter 9 (correct)
3. Justification is a complete bar only for certain offenses
4. Justification applies only to peace officers

Why: Justification under Chapter 9 is a defense to prosecution — when raised by the evidence, the State must disprove it beyond a reasonable doubt. It is not an affirmative defense (which would shift the burden of proof).

Tex. Penal Code §9.02

Under §9.05 (Reckless Injury of Innocent Third Person), even if the actor was justified in using force or deadly force, his use of force is not justified if it:

1. Was not careful enough
2. Recklessly injures or kills an innocent third person (correct)
3. Frightened bystanders
4. Caused property damage

Why: Even when self-defense or another justification applies, the actor remains responsible for reckless harm to innocent third persons (e.g., a stray bullet that strikes a bystander).

Tex. Penal Code §9.05

Under §9.34, the use of force against another to PREVENT THE OTHER FROM COMMITTING SUICIDE OR INFLICTING SERIOUS BODILY INJURY TO HIMSELF is:

1. Never justified
2. Justified — without securing the other person's consent — when the actor reasonably believes that the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself (correct)
3. Justified only by medical personnel
4. Justified only with consent

Why: §9.34 expressly authorizes force against the other to prevent suicide or self-inflicted SBI. (Subject to medical personnel having broader authorization for emergency aid.)

Tex. Penal Code §9.34