When Force Allowed by §§ 7.94 and 7.96 is Unavailable

(a)The justification afforded by §§ 7.84 to 7.92, inclusive, in unavailable when:

(1)the defendant’s belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of an arrest which he endeavors to effect by force is erroneous; and

(2)his error is due to ignorance or mistake as to the provisions of this Code, any other provision of the criminal law or the law governing the legality of an arrest or search.

(b)When the defendant believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such belief would establish a justification under §§ 7.82 to 7.94 but the defendant is reckless or negligent in having such belief or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of his use of force, the justification afforded by those Sections is unavailable in a prosecution for an offense for which recklessness or negligence, as the case may be, suffices to establish culpability.

(c)When the defendant is justified under §§ 7.84 to 7.94 in using force upon or toward the person of another but he recklessly or negligently injures or creates a risk or injury to innocent persons, the justification afforded by those Sections is unavailable in a prosecution for such recklessness or negligence towards innocent persons.