Posted on September 13, 2006 by Jamie Spencer

Definition of Deadly Conduct - Texas Penal Code

§ 22.05. DEADLY CONDUCT. 

(a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.

(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:

            (1) one or more individuals; or                     

            (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.

(c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.

(d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01.

(e) An offense under Subsection (a) is a Class A misdemeanor. An offense under Subsection (b) is a felony of the third degree.

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Comments (5) Read through and enter the discussion with the form at the end
wyatt - March 27, 2008 2:46 PM

i was arrested for dwi in comal county,i was in a one vehicle accident,no other vehicle or person was involved,i am being charged with deadly conduct!!!don't understand why,since i was the only person involved.

rebecca munoz - November 10, 2008 3:45 PM

If a person reaches to open their glove compartment for a weapon because another is threatening violence upon him and exiting their vehicle towards that persons vehicle. How is it, that the person hollering and threatening can see the gun (not being at all in any direction pointed towards them) and run back into their vehicle and speed off then call 911 and give the person who was reaching for the weapon's license plate info. Does this mean that anyone can accuse anyone else of anything? this actually happened. My husband out of the blue got picked up at his place of employment by the police department and taken off to jail. he's lost his job and has incurred a horrible charge on his background for something that he didnt do. How is this possible?

candace - May 28, 2009 3:10 PM

Can you be charged with "deadly conduct" if you are drinking and driving and are not involved in an accident at that time.

melissa ramos - June 25, 2009 5:54 PM

is deadly conduct with a weapon a 3G offense in Texas?

doug - November 1, 2009 6:05 PM

would pointing a weapon but not firing it be classified as a felony or a misdemeanor?

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