# Tex. Civil Practice and Remedies Code § 86.002: RECOVERY OF DAMAGES FOR INJURY TO CONVICTED PERSON PROHIBITED

> Texas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C86_S86.002

## Section

- **Citation:** Tex. Civil Practice and Remedies Code § 86.002
- **Heading:** RECOVERY OF DAMAGES FOR INJURY TO CONVICTED PERSON PROHIBITED
- **Jurisdiction:** Texas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TX Code / Code cp / Chapter 86 / Section 86.002

## Text

(a) A claimant who has been convicted of a felony or misdemeanor may not recover damages for an injury sustained during the commission of the felony or misdemeanor if the injury would not have been sustained but for the commission of the felony or misdemeanor.

(b) Subsection (a) does not bar the claimant from recovering damages if the claimant shows that:

(1) the damages arose from an act entirely separate from any act intended to result in the:

(A) prevention of the commission of a felony or misdemeanor by the claimant; or

(B) apprehension of the claimant during or immediately after the commission of the felony or misdemeanor; and

(2) the damages did not arise from a premises defect or other circumstance that the claimant was exposed to as a result of the commission of the felony or misdemeanor.

## Nearby sections

- [Tex. Civil Practice and Remedies Code § 86.001 § 86.001. DEFINITION.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C86_S86.001.md)
- [Tex. Civil Practice and Remedies Code § 86.002 § 86.002. RECOVERY OF DAMAGES FOR INJURY TO CONVICTED PERSON PROHIBITED.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C86_S86.002.md)
- [Tex. Civil Practice and Remedies Code § 86.003 § 86.003. DERIVATIVE CLAIMS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C86_S86.003.md)
- [Tex. Civil Practice and Remedies Code § 86.004 § 86.004. CLAIMANT LIABLE FOR COURT COSTS AND FEES AND ATTORNEY'S FEES.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C86_S86.004.md)
- [Tex. Civil Practice and Remedies Code § 86.005 § 86.005. CERTAIN TRAFFIC LAW VIOLATIONS EXCLUDED.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C86_S86.005.md)
- [Tex. Civil Practice and Remedies Code § 86.006 § 86.006. CONVICTED PERSON.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C86_S86.006.md)
- [Tex. Civil Practice and Remedies Code § 86.007 § 86.007. APPLICABILITY.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C86_S86.007.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C86_S86.002. Check the current official text before relying on it. Not legal advice.