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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:
(1) one or more individuals; or
(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.
(c) Except as otherwise provided by this subsection, recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded. The presumption under this subsection does not apply to a peace officer engaged in the lawful discharge of the officer's official duties.
(d) For purposes of this section, “building,” “habitation,” and “vehicle” have the meanings assigned those terms by Section 30.01.
(e) An offense under Subsection (a) is a Class A misdemeanor. An offense under Subsection (b) is a felony of the third degree.
(f) Subsection (b)(1) does not apply to a peace officer if, at the time of the offense, the officer:
(1) was engaged in the actual discharge of the officer's official duties; and
(2) reasonably believed the discharge of the officer's firearm was justified under Chapter 9.
Cite this article: FindLaw.com - Texas Penal Code - PENAL § 22.05. Deadly Conduct - last updated January 01, 2024 | https://codes.findlaw.com/tx/penal-code/penal-sect-22-05/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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