Chase, Ryan Francis

in which PRICE, WOMACK, KEASLER, HERVEY, COCHRAN and ALCALA, JJ., joined.

The issue before us is whether § 822.013(a) of the Health and Safety Code provides a defense to criminal prosecution. We conclude that it does and affirm the judgment of the court of appeals.

I. BACKGROUND

A. The Incident

Viewing the evidence in the light most favorable to the submission of a defensive instruction,1 the following occurred: On September 2, 2009, appellant and his wife were walking their two dogs—a ten-year-old dog named Maka and a puppy—when two other dogs, Zeus and Rocky, escaped from a neighbor’s backyard…