Texas law on any date › Penal Code
Penal Code §22.05
In force on Sep 01, 2025 · this text took effect Sep 01, 2025 · same as today's text
DEADLY CONDUCT
(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 .
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. Amended by: Acts 2025, 89th Leg., R.S., Ch. 1146 (S.B. 1637 ), Sec. 1, eff. September 1, 2025.
Source: the Legislature's file server, seen Nov 08, 2026.
Every version on file
- Effective Sep 01, 2025 · seen Nov 2026–Nov 2026
- Effective Sep 01, 1994 · seen Nov 2026–Nov 2026
Attorney General opinions that cite it
- GA-0374 (Aug 02, 2005): Whether in light of House Bill 383 a school district employee may administer corporal punishment under a disciplinary policy adopted by the board of trustees
- GA-0202 (Dec 18, 2003): Whether, under section 22.05 12 of the Education Code, a school district may bring a disciplinary proceeding against a professional employee of the district for violating the district’s corporal punishment policy, although the employee’s use of force was justified under section 9.62 of the Penal Code
A research copy. The official text is the Legislature's (statutes), the Secretary of State's (Texas Administrative Code) or eCFR's (federal rules). Not legal advice.