Use of Force & Arrest · §9.22

Necessity

Necessity is covered under §9.22 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Framework" on practice exams.

To prove this offense, the State must establish each of the following elements: Reasonable belief conduct is immediately necessary; To avoid imminent harm; Desirability/urgency clearly outweighs the harm sought to be prevented; No legislative purpose to exclude the defense.

Elements you must prove

  • Reasonable belief conduct is immediately necessary
  • To avoid imminent harm
  • Desirability/urgency clearly outweighs the harm sought to be prevented
  • No legislative purpose to exclude the defense

Practice 1 question on this topic

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Worked examples

Worked example 1

'Necessity' under §9.22 is a justification when:

  1. The actor had any reason to act
  2. The actor reasonably believes the conduct is immediately necessary to avoid imminent harm; the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented; AND a legislative purpose to exclude the justification claimed does not otherwise plainly appear Correct
  3. The actor was ordered to act
  4. Only peace officers may invoke it
Why: Necessity has three elements: reasonable belief of imminent need, balance of harm in favor of conduct, and no legislative purpose to exclude the defense.
Statute: Tex. Penal Code §9.22

Statutory definitions for this topic

Necessity Tex. Penal Code §9.22
A justification when the actor reasonably believes the conduct is immediately necessary to avoid imminent harm; the desirability and urgency of avoiding the harm clearly outweigh, by ordinary standards of reasonableness, the harm sought to be prevented; AND no legislative purpose to exclude the justification plainly appears.