Texas-Book-Gun Law Armed And Educated - Flipbook - Page 145
B. What is the legal definition of “force”?
Surprisingly, force is not defined in the Texas Penal Code. However,
deadly force is defined. Under Chapter 9 of the Penal Code, a
prerequisite for being able to legally use deadly force is that a
person must be able to use force in the same situation. Therefore,
one may conclude that mere force must be something less than
deadly force. Texas courts have helped define force by holding that
in the absence of a statutory definition, the commonly understood
meaning is used. See Olvede v. State 650 S.W.2d 408 (Tex. Crim.
App. 1983). Force is usually defined as violence, compulsion, or
constraint exerted against another person or thing. Therefore, force
occurs anytime a person engages in conduct that inflicts harm on
another person or puts another person in fear of harm.
EXAMPLE:
Mikey is being harassed and insulted by Clay, a bully at school.
One day, Clay stops Mikey on the playground and suddenly
clenches his fist and takes a swing at him, but misses. Mikey
reacts to the swing by kicking Clay in the shin.
Clay’s action was a use of force. Even though Clay missed Mikey,
he placed Mikey in fear of imminent harm. Mikey’s reaction of
kicking Clay was likewise a use of force, and as will be discussed
later, a legally justified use of self-defense.
C. What is deadly force?
DEFINITION OF DEADLY FORCE
TEX. PENAL CODE § 9.01(3)
“Deadly force” means force that is intended or known by the
actor to cause, or in the manner of its use or intended use is
capable of causing, death or serious bodily injury.
134 | CHAPTER SEVEN
