Texas-Book-Gun Law Armed And Educated - Flipbook - Page 201
A. No general defense against animals statute
Texas has no general self-defense or defense of others statute that
deals with all animals. There are statutes that justify conduct against
certain specific “dangerous wild animals” and ones for protection
of domestic animals, crops, and livestock, but not a justification
statute for protecting people against animal attacks. For example, if
a dog is attacking you, and you have to shoot the dog, there exists
no provision of the Texas Penal Code that specifically justifies the
use of deadly force. In this situation, persons will be forced to rely
on a general defense called “necessity.” See Tex. Penal Code § 9.22.
The typical laws you would expect to find such as self-defense
against an animal attacking a human being don’t exist under Texas
law at all! What this means is that one may not find specific legal
justification for using force or deadly force against an animal that
is attacking if the animal is not a certain type of animal. Under
this condition, a person may be forced to argue the general law of
necessity. This Chapter will examine the laws that do exist relating
to the use of deadly force against an animal and how your right to
self-preservation can best be accomplished.
B. The doctrine of necessity
Because there is no specific Texas law that allows a person to
use deadly force against an animal in self-defense, often the best
claim for legal justification a person can make in a court is one
of justification by necessity. Texas law recognizes a very broad
justification to potential criminal liability called “necessity,” which
is defined in Texas Penal Code Section 9.22.
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