Text 48367, 77 rader
Skriven 2007-02-21 10:05:25 av Roy Witt (1:397/22)
  Kommentar till text 48352 av Matt Bedynek (1:106/1)
Ärende: Real News in the Snooze
===============================
21 Feb 07 02:23, Matt Bedynek wrote to shannon talley:

 st>> This isn't the vocabulary used in the "Texas Law". You should look
 st>> that up 'and' the applicable legislature that supports it.  This
 st>> posting doesn't provide anything more than an elementary explanation
 st>> in vernacular that wasn't written by the state of Texas.  But more
 st>> importantly, this doesn't cover protection of property, use of force
 st>> for protection of family, necessity and proportionality -- none of
 st>> that. There is a great deal more to the use of force than what you
 st>> posted.  This is a good start Matt -- but there is a great deal more
 st>> to the use of force than this.

 MB> I don't know how much clear it can be ... I only posted the relevant
 MB> section to the conversation at hand regarding threats.

Actually, you only posted what you 'thought' was relevant. You mutilated
the entire section to pose your position. You have to read the entire
section, plus all pertinent sections that follow.

 9.31. SELF-DEFENSE.  (a) Except as provided in
Subsection (b), a person is justified in using force against
another when and to the degree he reasonably believes the force is
immediately necessary to protect himself against the other's use or
attempted use of unlawful force.
    (b)  The use of force against another is not justified:

        (1)  in response to verbal provocation alone;

        (2)  to resist an arrest or search that the actor knows
is being made by a peace officer, or by a person acting in a peace
officer's presence and at his direction, even though the arrest or
search is unlawful, unless the resistance is justified under
Subsection (c);
        (3)  if the actor consented to the exact force used or
attempted by the other;
        (4)  if the actor provoked the other's use or attempted
use of unlawful force, unless:
            (A)  the actor abandons the encounter, or clearly
communicates to the other his intent to do so reasonably believing
he cannot safely abandon the encounter;  and
            (B)  the other nevertheless continues or attempts
to use unlawful force against the actor;  or
        (5)  if the actor sought an explanation from or
discussion with the other person concerning the actor's differences
with the other person while the actor was:
            (A)  carrying a weapon in violation of Section
46.02;  or
            (B)  possessing or transporting a weapon in
violation of Section 46.05.
    (c)  The use of force to resist an arrest or search is
justified:
        (1)  if, before the actor offers any resistance, the
peace officer (or person acting at his direction) uses or attempts
to use greater force than necessary to make the arrest or search;
and
        (2)  when and to the degree the actor reasonably
believes the force is immediately necessary to protect himself
against the peace officer's (or other person's) use or attempted use
of greater force than necessary.
    (d)  The use of deadly force is not justified under this
subchapter except as provided in Sections 9.32, 9.33, and 9.34.

 1, eff. Jan. 1, 1974.  * Origin: ..::[ high speed feeds - h 1.01, eff.
Sept. 1, --- 1, eff. Sept. 1, 1995. 1994;  Acts 1995, 74th Leg., ch. 190,
ttp://fido.thunderdome.us/ ]::.. Amended by Acts 1993, 73rd Leg., ch. 900,
Acts 1973, 63rd Leg., p. 883, ch. 399,




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