Texas statute

Tex. Penal Code § 2.04 — Affirmative defense

Current through 89th Legislature, 2nd Called Session (2025)

Part of Chapter 2: BURDEN OF PROOF, Texas Penal Code.

Full text of Tex. Penal Code § 2.04

Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.

Tex. Penal Code § 2.04Primary source, current through the 89th Legislature, 2nd Called Session (2025)

(a) An affirmative defense in this code is so labeled by the phrase: "It is an affirmative defense to prosecution . . . ." (b) The prosecuting attorney is not required to negate the existence of an affirmative defense in the accusation charging commission of the offense. (c) The issue of the existence of an affirmative defense is not submitted to the jury unless evidence is admitted supporting the defense. (d) If the issue of the existence of an affirmative defense is submitted to the jury, the court shall charge that the defendant must prove the affirmative defense by a preponderance of evidence.

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