Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.
Tex. Penal Code § 9.05
RECKLESS INJURY OF INNOCENT THIRD PERSON
Applied in 8 court decisions — leading case State v. Betts (2022)
Most recently applied in State v. Betts (July 2022)
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.