Use of Force & Arrest · §9.61

Framework

Framework is covered under §9.61 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Authorized actor (parent/grandparent/in-loco-parentis adult or qualifying educator); Reasonable belief force necessary for discipline / safeguard / promote welfare; Not deadly force; Not grossly negligent or reckless.

Elements you must prove

  • Authorized actor (parent/grandparent/in-loco-parentis adult or qualifying educator)
  • Reasonable belief force necessary for discipline / safeguard / promote welfare
  • Not deadly force
  • Not grossly negligent or reckless

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Worked examples

Worked example 1

Under §9.61 (Parent–Child) and §9.62 (Educator–Student), force (NOT deadly force) is justified when:

  1. Any time a parent or teacher chooses
  2. The actor is the child's parent/stepparent/grandparent/an in-loco-parentis adult (§9.61), or an educator entrusted with the care of the student (§9.62), AND the force is reasonably believed necessary to discipline OR safeguard or promote the welfare of the child/student, AND the force does not include deadly force, gross negligence, or reckless disregard Correct
  3. Only at school
  4. Only at home
Why: Parent-child / educator-student justifications are limited to non-deadly, non-grossly-negligent reasonably-necessary force used to discipline or safeguard.
Statute: Tex. Penal Code §9.61, §9.62

Statutory definitions for this topic

Parent-child / educator-student force Tex. Penal Code §9.61, §9.62
A parent / stepparent / grandparent / in-loco-parentis adult (§9.61), or an educator entrusted with the care of the student (§9.62), is justified in using non-deadly force reasonably believed necessary to discipline, safeguard, or promote the welfare of the child/student — provided the force is not grossly negligent or reckless.