Section 9.62 is one of the special-relationship justifications in Chapter 9. It recognizes that certain people are entrusted with supervising others and may need to use limited physical force to do so.
What the Statute Says
The use of force, but not deadly force, against a person is justified:
(1) if the actor is entrusted with the care, supervision, or administration of the person for a special purpose; and
(2) when and to the degree the actor reasonably believes the force is necessary to further the special purpose or to maintain discipline in a group.
The Two Requirements
Entrustment for a special purpose. The actor must actually have been entrusted with care, supervision, or administration. Teachers, coaches, bus drivers, camp counselors, and school administrators are the usual examples. A bystander, a parent of another child, or a volunteer without a supervisory role does not qualify.
Reasonable belief in necessity, and degree. The force must be what the actor reasonably believes is necessary either to further the special purpose or to maintain discipline in a group — and the justification extends only to the degree of that necessity. Force beyond what the situation required is not justified even if some force was.
Deadly force is categorically excluded.
How These Cases Arise in Harris County
Typically a physical intervention during a school incident: separating students in a fight, restraining a student who is destroying property or fleeing a classroom, removing a disruptive student, or physical contact during athletics. A parent complaint follows, then an offense report, then a charge of assault causing bodily injury, assault by offensive contact, or injury to a child.
A criminal charge against a certified educator triggers a separate certification review before the State Board for Educator Certification, and school districts conduct their own investigations. Statements given to a district investigator are routinely obtained by prosecutors. An educator should have counsel before speaking to anyone — the district included. See our page on professional licensure consequences.
Related Provisions
Section 9.61 justifies a parent, stepparent, grandparent, guardian, or person acting in loco parentis in using non-deadly force to discipline a child or safeguard the child's welfare. Section 9.63 addresses guardians of incompetent persons. The Education Code also contains provisions governing the use of force and restraint in schools that operate alongside this section.
Related
- Injury to a child, elderly or disabled · Assault bodily injury
- Self-defense · Professional licensure
Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.