Pepper spray is a liquid that contains the inflammatory compound capsaicin. This is the same chemical that makes chili peppers hot.
The liquid, however, has a higher concentration of capsaicin than chili peppers do. The liquid substance is typically in a compound spray bottle.
Pepper spray is commonly used for self-defense. When the pepper spray reaches another individual’s eyes, it can cause acute eye pain and temporary blindness.
If the liquid has prolonged contact with someone’s eyes, it can also cause them to experience burning, pain, and tears. Some describe it as a bubbling or boiling sensation accompanied by severe discomfort.
United States law enforcement agencies also use pepper spray for crowd control when they are policing and to suppress protests and demonstrations. As previously noted, it is also available commercially for use as personal protection.
When someone chooses to carry pepper spray in Texas, it is important to be familiar with the laws that govern its use.
Is Pepper Spray Legal in Texas?
In Texas, it is legal for individuals 18 years of age and older to carry pepper spray for self-defense. A license is not required to carry pepper spray in the state.
There are, however, restrictions on where someone can carry pepper spray. This may include schools, courthouses, and airports.
It can only be used for lawful self-defense situations. Improper use of pepper spray may lead to legal charges.
Texas laws do not limit the size of the canister or the concentration of the active ingredient. Factors that are considered related to the use of pepper spray include the size of the bottle, whether the bottle is being carried in a public place, and the age of the person carrying the spray.
An important example of a specific location where pepper spray cannot be carried is in the passenger areas of commercial airlines. This is because, if the pepper spray was accidentally dispensed, there would be a significant risk of danger. Pepper spray has to be checked in a check-on bag and is not allowed in a carry-on bag.
Violation of airline pepper spray laws is classified as a felony. It may result in $25,000 in criminal fines.
Minors cannot carry pepper spray in any situation. They may injure themselves or other individuals with the spray.
If an individual is on probation, it is important to check their specific probation agreement to determine if carrying pepper spray is prohibited. When someone is considering carrying pepper spray in Texas or if they have any questions about its use in the state, it is important to schedule a Texas lawyer consultation.
In Texas, When Can Pepper Spray Be Used for Self-Defense?
Pepper spray can be used for self-defense in Texas in self-defense cases when an individual feels like they are threatened or in danger. It is only intended to be used for personal safety in Texas.
Pepper spray can be used to temporarily stop a threat, allowing the user to escape being harmed by an assailant. There are many things to keep in mind to safely use pepper spray, such as:
- Seek education on the proper use of pepper spray before purchasing, such as taking a training course
- Never letting a child handle the spray
- Avoiding isolated and dangerous
- Dispensing the spray for the purpose of self-defense only when in imminent danger
- Using the pepper spray to escape from an attacker
- Spraying the spray directly into the assailant’s face
- Avoiding contact with someone who has been sprayed
- When the pepper spray is used, maintaining a safe distance from the assailant, moving away from the assailant, and immediately calling law enforcement
- If someone has been sprayed with pepper spray, they should repeatedly rinse their eyes with cold water
People are allowed to use pepper spray in emergencies in every jurisdiction. A person has the right to safety and to defend themselves with necessary and proportionate measures to escape an attacker.
When an assailant pulls a gun, for example, using pepper spray may be considered an act of self-defense. However, it cannot be used just because someone is scared by another person’s appearance.
If an individual improperly uses pepper spray, they may face various charges, such as:
- Reckless endangering
- Criminal mischief
- Physical harassment
- Assault
- Disorderly conduct
What charges an individual may face for the improper use of pepper spray can vary by jurisdiction. People are allowed, however, to respond with force if they reasonably believe they are in imminent danger of death or serious bodily injury.
When someone inappropriately uses pepper spray, it may be considered excessive force. Texas lawyers can explain to their clients the benefits and potential risks of using pepper spray.
Can I Go to Jail for Pepper Spraying Someone in Texas?
Yes, sometimes using pepper spray in Texas may not be the appropriate response. If this happens, they may face charges under criminal law or they can face civil liability in a civil lawsuit.
Depending on the circumstances of the situation, the use of pepper spray may be categorized as assault and battery, for example, when someone sprays an innocent victim with the spray. As previously noted, there should be a reasonable justification for the use of pepper spray in public or any other location.
Pepper spray must be used for self-defense. In addition, the force that is used has to be reasonable under the circumstances of the situation.
For example, someone cannot lawfully spray someone else in the face just because they appear frightening or say something offensive. An aggressor also does not have a justifiable reason to use the pepper spray.
In addition, it is generally prohibited to use pepper spray against emergency responders or law enforcement. Every situation that involves pepper spray may be reviewed based on the facts of the case and the outcome of the situation.
If pepper spray is improperly used, the defendant may face misdemeanor or felony charges. When a defendant is convicted of criminal charges, the defendant can be incarcerated. Every case is decided based on the severity of the offense.
When a defendant is convicted and sentenced, many factors are considered, including:
- Whether a party claimed self-defense
- The seriousness of the fight
- Whether the offender is remorseful
- Whether the offender has previous convictions
- The severity of any injuries
- Which parties were injured
- Whether property damage resulted
- If incarceration will impact the offender’s job or schooling
- Whether the offender will pay for the damage caused
- Whether the offender is willing to enroll in rehabilitation programs
Community service options may also be available in cases that do not involve serious offenses. With a civil infraction, jail is not a possible penalty.
Do You Need a Lawyer if You’ve Been Arrested for Unlawful Use or Possession of Pepper Spray in Texas?
If you are considering carrying pepper spray in Texas or have questions about when you can use it, it is very important to schedule a consultation with a Texas criminal defense lawyer. Although using pepper spray is legal, there are some potential drawbacks to using it.
If you have been arrested for an offense that involves pepper spray, you should reach out to an attorney immediately. Pepper spray should only ever be used for self-defense.
LegalMatch can help you find a lawyer who can give you advice on the use of pepper spray in Texas in as little as 15 minutes and at no charge. All you need to do is submit the online form and you will receive messages from Texas lawyers who are licensed and prescreened in as little as a business day.
