Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
(a) A defense to prosecution for an offense in this code is so labeled by the phrase: "It is a defense to prosecution . . . ."(b) The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.(c) The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.(d) If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.(e) A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense.Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. 9/1/1994. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. 1/1/1974.