TX Sec. 9.22. NECESSITY.

State: Texas

 

Texas Penal Code (2011)

Chapter 9.  Justifications Excluding Criminal Responsibility

SUBCHAPTER B. JUSTIFICATION GENERALLY

Sec. 9.22.  NECESSITY.  

Conduct is justified if:

(1)  the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;

(2)  the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct;  and

(3)  a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.