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This text is from the 1999 Texas Penal Code.
For a more current version of this provision
see the FastLaws Texas Penal Code
.
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.
A D V E R T I S E M E N T S Baker's Legal Pages has no relationship with the advertisers whose ads appear below.
This text is from the 1999 Texas Penal Code.
For a more current version of this provision
see the FastLaws Texas Penal Code
.
Baker's Legal Pages are a public service of Freelance Enterprises, Inc.
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