According to Sec. 2.02, an exception to an offense in the Texas Penal Code is labeled as such in the statute. This means that if a particular offense has an exception, it will be clearly indicated in the statute.

It is the duty of the prosecuting attorney to prove beyond a reasonable doubt that the defendant's conduct does not fall within the exception. The importance of this law cannot be overstated, as it places a burden on the prosecution to prove that the defendant's conduct does not fall within the exception.

This burden ensures that the defendant's rights are protected and that they are not wrongfully convicted of an offense for which they have an exception. The Court of Criminal Appeals of Texas, in the case of Ex parte Ellis, 309 S.W.3d 71, 73 (Tex. Crim. App. 2010), reiterated the importance of this law, stating that "when an exception is provided in a penal statute, the prosecution must negate the existence of the exception and prove beyond a reasonable doubt that the defendant's conduct falls outside the exception."

Sec. 2.02.  EXCEPTION.  

(a)  An exception to an offense in this code is so labeled by the phrase:  "It is an exception to the application of . . . ."

(b)  The prosecuting attorney must negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant's conduct does not fall within the exception.

(c)  This section does not affect exceptions applicable to offenses enacted prior to the effective date of this code.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.