Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Thursday, November 7, 2013

A Few Texas Zombie Laws


In case of a zombie apocalypse, it may be helpful to know a few laws concerning the dead (or undead). 

First of all, are those zombies really dead?  Under the Texas Health and Safety Code, a person is dead when “there is irreversible cessation of the person’s spontaneous respiratory and circulatory functions.”  However, in the eyes of the law, a person is technically living until pronounced dead by a medical professional.

Now what if these zombies attack you?  First, you may want to be wary of abusing the corpse.  You can be charged with a Class A Misdemeanor for damaging, dissecting, or treating a corpse in an offensive manner.  The zombie’s family may also have a case against you for intentional infliction of emotional distress. 

How can you protect yourself from zombies?  You are justified in using deadly force if you reasonably believe it is immediately necessary to protect yourself from unlawful deadly force.  You can also use deadly force to protect a third person if it would be justified were you in the third person’s shoes.  Booby traps are legal, but are unlikely to be of any help during a zombie invasion.  Texas currently has no laws on hunting zombies.  However, you may want to brush up on the laws for open seasons and the provisions about hunting from roads or vehicles. 

What can I do before the zombie apocalypse occurs?  Get your affairs in order now by writing a will.  Also, it’s best to know the laws on carrying firearms.

See Emily D. Walterscheid, Texas Zombie Laws, Matthew Harris Law’s Blog, Oct. 28, 2013.


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