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Blocking the Nose or Mouth: Texas Strangulation Charges
Texas impeding-breath charges are not limited to neck pressure. Learn how blocking the nose or mouth fits section 22.01.
In short: The Texas family-violence provision expressly includes blocking the nose or mouth, as well as pressure to the throat or neck, when the required interference with breathing or circulation occurs. A case labeled “strangulation” should be evaluated by the actual statutory allegation rather than the everyday label.
Explore this page 9 sections
Does any contact with the face prove the felony?
No. The listed method, interference, mental state and relationship requirements must be evaluated. Counsel should distinguish the act alleged from the conclusion that normal breathing was impeded.
Is loss of consciousness an express requirement?
No. The provision does not state that the person must lose consciousness. The evidence should address the alleged interference itself rather than treat fainting as a universal requirement.
What facts should be recorded accurately?
Identify the described method, sequence, statements and contemporaneous observations. Do not recreate the event or pressure the other person for a demonstration. Counsel should compare complete accounts and records while all no-contact restrictions remain in effect.
A practical example and questions for counsel
Hypothetical example: Suppose the accusation describes a hand over the mouth rather than pressure on the neck. An argument directed only to the absence of neck marks would miss the alleged statutory method. Counsel should examine whether the evidence supports interference with normal breathing, the required mental state and the specified relationship. A complete account should distinguish contact, duration as described and the claimed effect without inventing a minimum duration the statute does not state. The ordinary meaning of “choking” should not replace the actual charging language.
How this fits Texas law
The family-violence impeding-breath provision concerns specified relationships and intentional, knowing or reckless interference with normal breathing or blood circulation by listed methods. It can be third degree without a prior conviction; the prior-conviction provision can make it second degree. Relationship, conduct, mental state and any enhancement must each be examined.
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Last updated October 2026
Common questions
Does any contact with the face prove the felony?
No.
Is loss of consciousness an express requirement?
No.
What facts should be recorded accurately?
Identify the described method, sequence, statements and contemporaneous observations.
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This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.