Texas Statutes
§ 2.04 — AFFIRMATIVE DEFENSE.
Texas § 2.04
JurisdictionTexas
Code PEPenal Code
This text of Texas § 2.04 (AFFIRMATIVE DEFENSE.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Tex. Penal Code Code Ann. § 2.04 (2026).
Text
Sec. 2.04. AFFIRMATIVE DEFENSE.
(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.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Gribble v. State
808 S.W.2d 65 (Court of Criminal Appeals of Texas, 1991)
Juarez v. State
308 S.W.3d 398 (Court of Criminal Appeals of Texas, 2010)
Farmer, Kody William
411 S.W.3d 901 (Court of Criminal Appeals of Texas, 2013)
Thompson v. State
236 S.W.3d 787 (Court of Criminal Appeals of Texas, 2007)
Nance v. State
807 S.W.2d 855 (Court of Appeals of Texas, 1991)
Howard v. State
145 S.W.3d 327 (Court of Appeals of Texas, 2004)
Traylor v. State
43 S.W.3d 725 (Court of Appeals of Texas, 2001)
Ward v. State
143 S.W.3d 271 (Court of Appeals of Texas, 2004)
Colette Reyes v. State
480 S.W.3d 70 (Court of Appeals of Texas, 2015)
Skidmore v. State
838 S.W.2d 748 (Court of Appeals of Texas, 1993)
Van Guilder v. State
674 S.W.2d 915 (Court of Appeals of Texas, 1984)
McBride v. State
706 S.W.2d 723 (Court of Appeals of Texas, 1986)
Williams v. State
911 S.W.2d 191 (Court of Appeals of Texas, 1996)
Johnson v. State
933 S.W.2d 195 (Court of Appeals of Texas, 1996)
Kirschner v. State
997 S.W.2d 335 (Court of Appeals of Texas, 1999)
Brooks v. State
719 S.W.2d 259 (Court of Appeals of Texas, 1987)
Moss v. State
704 S.W.2d 939 (Court of Appeals of Texas, 1986)
Engle v. Lumpkin
33 F.4th 783 (Fifth Circuit, 2022)
In re P_ A_ S
566 S.W.2d 14 (Court of Appeals of Texas, 1978)
Thompson, Joshua
(Court of Criminal Appeals of Texas, 2007)
Legislative History
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Nearby Sections
15
§ 2.02
EXCEPTION.§ 2.03
DEFENSE.§ 2.04
AFFIRMATIVE DEFENSE.§ 2.05
PRESUMPTION.§ 20.01
DEFINITIONS.§ 20.02
UNLAWFUL RESTRAINT.§ 20.03
KIDNAPPING.§ 20.04
AGGRAVATED KIDNAPPING.§ 20.05
SMUGGLING OF PERSONS.§ 20.07
OPERATION OF STASH HOUSE.§ 20A.01
DEFINITIONS.§ 20A.02
TRAFFICKING OF PERSONS.Cite This Page — Counsel Stack
Bluebook (online)
Texas § 2.04, Counsel Stack Legal Research, https://law.counselstack.com/statute/tx/2.04.