Tex. Codes » Penal Code · TITLE 5. OFFENSES AGAINST THE PERSON · CHAPTER 19. CRIMINAL HOMICIDE
Texas Codes

Tex. Penal Code § 19.06 (2026)

Applicability To Certain Conduct

✓ current as of May 2026
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Sec. 19.06. APPLICABILITY TO CERTAIN CONDUCT. This chapter does not apply to the death of an unborn child if the conduct charged is:

(1) conduct committed by the mother of the unborn child;

(2) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent, if the death of the unborn child was the intended result of the procedure;

(3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or

(4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law.

Added by Acts 2003, 78th Leg., ch. 822, Sec. 2.02, eff. Sept. 1, 2003.

Notes of Decisions
Cited in 95 cases (3 in the last 5 years), 1981–2025 · leading case: Ex Parte Varelas, 45 S.W.3d 627 (Tex. Crim. App. 2001).
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Ex Parte Varelas, 45 S.W.3d 627 (Tex. Crim. App. 2001). · cites it 4× “Two speakers in committee objected to the deletion of former Texas Penal Code § 19.06 by the Senate in its proposed bill; both speakers recommended that the provision be recodified in Chapter 38 of the Texas Code of Criminal Procedure.”
Flores v. State, 245 S.W.3d 432 (Tex. Crim. App. 2008). · cites it 4× “3d 895 , 896 n. 4 (Tex.Crim.App.2000) (holding that the court should address only the federal constitutional claim if appellant offers no reason for construing the parallel state constitutional provision as conferring greater protection).”
Avila v. State, 954 S.W.2d 830 (Tex. App. 1997). · cites it 5× “We disagree with tMs characterization of the record, since the conversation between the trial court, defense counsel, and prosecutor at trial concerning Dr.”
Smith v. State, 5 S.W.3d 673 (Tex. Crim. App. 1999). · cites it 4× “Texas Penal Code § 19.06 (1974). With that change, the Legislature made clear its intent that the types of evidence outlined in former Article 1257a would be admissible at both the guilt and punishment phases of the trial.”
Moore v. State, 969 S.W.2d 4 (Tex. Crim. App. 1998). · cites it 2× “[5] Tex. Penal Code § 19.06(c) reads: "If the jury or, when authorized by law, the judge does not find beyond a reasonable doubt that the defendant is guilty of an offense under this section, he may be convicted of murder or of any other lesser included offense.”
Thomas v. State, 886 S.W.2d 388 (Tex. App. 1995). · cites it 3× “Tex.Penal Code Ann. § 19.06; Bedford v. State, 703 S.”
Eguia v. State, 288 S.W.3d 1 (Tex. App. 2008). · cites it 2× “Tex. Pen.Code Ann. § 19.06 (Vernon Supp.2008).”
Jennie McCormack v. Mark Hiedeman, 694 F.3d 1004 (9th Cir. 2012). “§ 2608 (exempting pregnant women from liability "in regards to crimes against her unborn child”); Tex. Penal Code Ann. § 19.06 (1) (exempting the woman from liability for "death of an unborn child”); Utah Code Ann.”
Preston v. State, 756 S.W.2d 22 (Tex. App. 1988). · cites it 2× “Appellant contends this testimony was relevant and admissible under Tex.Penal Code Ann. § 19.06 as evidence showing the state of mind of the accused at the time of the offense.”
Merch. v. State, 810 S.W.2d 305 (Tex. App. 1991). · cites it 2× “” Tex. Penal Code Ann. § 19.06 (Vernon 1989); see Searcy & Patterson, Practice Commentary, Tex.”
Stevenson v. State, 895 S.W.2d 694 (Tex. Crim. App. 1995). · cites it 2× “1988) (holding in capital murder prosecution that Tex. Penal Code § 19.06, which calls for admission of testimony of "relevant facts and circumstances surrounding the killing and previous relationship existing between the accused and deceased.”
Vega v. State, 898 S.W.2d 359 (Tex. App. 1995). · cites it 2× “Tex.Penal Code Ann. § 19.06 (Vernon 1989).”
Show all 95 citing cases →
— Tex. Penal Code § 19.06(1) — 3 cases
Hunter, Jason Dean (Tex. Crim. App. 2021).
In RE MARCUS SILVA v. the State of Texas (Tex. 2024).
State of Texas v. City of San Antonio, Ron Niremberg, in His Off. Capacity as Mayor of the City of San Antonio, & Erik Walsh, in His Off. Capacity as City Manager of the City of San Antonio (Tex. App. 2025).
— Tex. Penal Code § 19.06(2) — 1 case
Hunter, Jason Dean (Tex. Crim. App. 2021).
— Tex. Penal Code § 19.06(4) — 1 case
Hunter, Jason Dean (Tex. Crim. App. 2021).
— Tex. Penal Code § 19.06(a) — 12 cases
Thomas v. State, 886 S.W.2d 388 (Tex. App. 1995). “Tex.Penal Code Ann. § 19.06; Bedford v. State, 703 S.”
Navarro v. State, 863 S.W.2d 191 (Tex. App. 1993).
Mario Gomez v. State, 380 S.W.3d 830 (Tex. App. 2012).
Pena v. State, 864 S.W.2d 147 (Tex. App. 1993).
Vega v. State, 898 S.W.2d 359 (Tex. App. 1995). “Tex.Penal Code Ann. § 19.06 (Vernon 1989).”
— Tex. Penal Code § 19.06(b) — 1 case
Osby v. State, 939 S.W.2d 787 (Tex. App. 1997).
— Tex. Penal Code § 19.06(c) — 1 case
Moore v. State, 969 S.W.2d 4 (Tex. Crim. App. 1998). “[5] Tex. Penal Code § 19.06(c) reads: "If the jury or, when authorized by law, the judge does not find beyond a reasonable doubt that the defendant is guilty of an offense under this section, he may be convicted of murder or of any other lesser included offense.”
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