In Bowen v. State, 162 S.W.3d 226 (Tex. Crim. App. 2005), a prosecution for resisting arrest, the defendant had kicked a police officer in response to pain allegedly inflicted by the officer and in an attempt to regain her balance. Id. Noting the justification based on self-defense is extremely limited when a person uses force to resist arrest, the Texas Court of Criminal Appeals held the trial court erred in denying the requested instruction on necessity. Id. at 229. In reaching the above conclusion, the court held Tex. Penal Code Section 9.31, which concerns self-defense not involving deadly force, does not limit the necessity defense's application because the court was unable to "glean any clear legislative purpose indicating that the necessity defense is not available." Id.