Tex. Codes » Penal Code · TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY · CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY
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Tex. Penal Code § 9.34 (2026)

Protection Of Life Or Health

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Sec. 9.34. PROTECTION OF LIFE OR HEALTH. (a) A person is justified in using force, but not deadly force, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself.

(b) A person is justified in using both force and deadly force against another when and to the degree he reasonably believes the force or deadly force is immediately necessary to preserve the other's life in an emergency.

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.

SUBCHAPTER D. PROTECTION OF PROPERTY


Notes of Decisions
Cited in 7 cases, 1988–2010 · leading case: McGarity v. State, 5 S.W.3d 223 (Tex. App.—San Antonio 1999).
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McGarity v. State, 5 S.W.3d 223 (Tex. App.—San Antonio 1999). “See TexPen.Code Ann. § 9.34 (Vernon 1994). “Reasonable belief’ means a belief that would be held by an ordinary and prudent person in the same circumstances as the defendant.”
Erlandson v. State, 763 S.W.2d 845 (Tex. App. 1988). “34(b), can justify a person’s using force or deadly force against another person “when and to the degree he reasonably believes the force or deadly force is immediately necessary to preserve [that personj’s life in an emergency.”
Crabb v. State, 754 S.W.2d 742 (Tex. App.—Houston [1st Dist.] 1988). “Appellants finally contend that their evidence was admissible to support a defense of protection of health or life, under Tex.Penal Code § 9.34(b) (Vernon 1974), which provides: (b) A person is justified in using both force and deadly force against another when and to the degree…”
Jeremy D. Chaney v. State, No. 07-08-00426-CR (Tex. App.—Amarillo Aug. 6, 2010). “TEX. PENAL CODE ANN. §9.34(a) (Vernon 2003).”
Jeremy D. Chaney v. State, No. 07-08-00426-CR (Tex. App.—Amarillo Aug. 6, 2010). “Tex. Penal Code Ann. §9.34 (a) (Vernon 2003).”
Willie Donnell Mitchell v. State, No. 03-94-00419-CR (Tex. App.—Austin May 24, 1995). “Tex. Penal Code Ann. § 9.34 (West 1994). Section 9.”
Roy Anthony Martinez v. State, No. 03-96-00327-CR (Tex. App.—Austin Dec. 4, 1997). “See Tex. Penal Code Ann. § 9.34 (a) (West 1994).”
Tex. Penal Code § 9.34(a): 1 case
Jeremy D. Chaney v. State, No. 07-08-00426-CR (Tex. App.—Amarillo Aug. 6, 2010). “TEX. PENAL CODE ANN. §9.34(a) (Vernon 2003).”
Tex. Penal Code § 9.34(b): 2 cases
Erlandson v. State, 763 S.W.2d 845 (Tex. App. 1988). “34(b), can justify a person’s using force or deadly force against another person “when and to the degree he reasonably believes the force or deadly force is immediately necessary to preserve [that personj’s life in an emergency.”
Crabb v. State, 754 S.W.2d 742 (Tex. App.—Houston [1st Dist.] 1988). “Appellants finally contend that their evidence was admissible to support a defense of protection of health or life, under Tex.Penal Code § 9.34(b) (Vernon 1974), which provides: (b) A person is justified in using both force and deadly force against another when and to the degree…”
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