Use of Force & Arrest · §9.34

Protection of Life or Health

Protection of Life or Health (§9.34): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Force, but not deadly force, to prevent another from committing suicide or inflicting serious bodily injury on himself (§9.34(a))
  • Force reasonably believed immediately necessary
  • Deadly force only when reasonably believed immediately necessary to preserve the other's life in an emergency (§9.34(b))

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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.