(a) An exception to an offense in this code is so labeled by the phrase: “It is an exception to the application of . . . .”
(b) The prosecuting attorney must negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant’s conduct does not fall within the exception.

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Terms Used In Texas Penal Code 2.02

  • Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

(c) This section does not affect exceptions applicable to offenses enacted prior to the effective date of this code.