Use of Force & Arrest · §9.34

Protection of Life or Health

Protection of Life or Health is covered under §9.34 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Self-Defense" on practice exams.

To prove this offense, the State must establish each of the following elements: Reasonable belief force is immediately necessary; To prevent suicide or self-inflicted SBI; Justified without other person's consent.

Elements you must prove

  • Reasonable belief force is immediately necessary
  • To prevent suicide or self-inflicted SBI
  • Justified without other person's consent

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Worked examples

Worked example 1

Under §9.34, the use of force against another to PREVENT THE OTHER FROM COMMITTING SUICIDE OR INFLICTING SERIOUS BODILY INJURY TO HIMSELF is:

  1. Never justified
  2. Justified — without securing the other person's consent — when the actor reasonably believes that the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself Correct
  3. Justified only by medical personnel
  4. Justified only with consent
Why: §9.34 expressly authorizes force against the other to prevent suicide or self-inflicted SBI. (Subject to medical personnel having broader authorization for emergency aid.)
Statute: Tex. Penal Code §9.34

Statutory definitions for this topic

Force to prevent suicide / self-injury Tex. Penal Code §9.34
A person is justified in using force against another (without consent) when the actor reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself.