Texas Penal Code 9.63 – Guardian-Incompetent
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Terms Used In Texas Penal Code 9.63
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
The use of force, but not deadly force, against a mental incompetent is justified:
(1) if the actor is the incompetent’s guardian or someone similarly responsible for the general care and supervision of the incompetent; and
(2) when and to the degree the actor reasonably believes the force is necessary:
(A) to safeguard and promote the incompetent’s welfare; or
(B) if the incompetent is in an institution for his care and custody, to maintain discipline in the institution.