Question about when it is considered appropriate to defend myself and to what degree. - Page 2
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Thread: Question about when it is considered appropriate to defend myself and to what degree.

  1. #11
    It varies from state to state but here is what the penal code in Texas says:

    Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:

    (1) if the actor would be justified in using force against the other under Section 9.31; and

    (2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:

    (A) to protect the actor against the other's use or attempted use of unlawful deadly force; or

    (B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

    (b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:

    (1) knew or had reason to believe that the person against whom the deadly force was used:

    (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;

    (B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or

    (C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);

    (2) did not provoke the person against whom the force was used; and

    (3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

    (c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.

    (d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.

    Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 5316, ch. 977, Sec. 5, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 235, Sec. 1, eff. Sept. 1, 1995.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch. 1, Sec. 3, eff. September 1, 2007.
    By faith Noah,being warned of God of things not seen as yet, moved with fear,prepared an ark to the saving of his house;by the which he condemned the world,and became heir of the righteousness which is by faith Heb.11:7

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  3. #12
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    Quote Originally Posted by HK4U View Post
    It varies from state to state but here is what the penal code in Texas says:

    Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:

    (1) if the actor would be justified in using force against the other under Section 9.31; and

    (2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:

    (A) to protect the actor against the other's use or attempted use of unlawful deadly force; or

    (B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

    (b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:

    (1) knew or had reason to believe that the person against whom the deadly force was used:

    (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;

    (B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or

    (C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);

    (2) did not provoke the person against whom the force was used; and

    (3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

    (c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.

    (d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.

    Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 5316, ch. 977, Sec. 5, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 235, Sec. 1, eff. Sept. 1, 1995.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch. 1, Sec. 3, eff. September 1, 2007.

    Very interesting, so it does apply for situations other than the obvious "life is directly in danger" Do you know where I can find the laws for PA? :)
    I'm secure enough in my self-esteem that I know I cannot handle a 150-pound guy coming at me, but I can handle a firearm to keep that man away from me. -- Maria Heil

  4. #13
    Pa should have a site where you can check it out like Texas does. Perhaps a google search for Penal codes for the state.
    By faith Noah,being warned of God of things not seen as yet, moved with fear,prepared an ark to the saving of his house;by the which he condemned the world,and became heir of the righteousness which is by faith Heb.11:7

  5. #14
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    Quote Originally Posted by HK4U View Post
    Pa should have a site where you can check it out like Texas does. Perhaps a google search for Penal codes for the state.
    I wasn't able to find the official codes for the state. Lots of opinions, and some advice from an attorney, and the codes for Texas! But didn't find them for PA. If anyone happens to come across them I would appreciate it if you shared where you found them thank you!
    I'm secure enough in my self-esteem that I know I cannot handle a 150-pound guy coming at me, but I can handle a firearm to keep that man away from me. -- Maria Heil

  6. #15
    In Florida (really simplified), whether or not you're home, you have no obligation to retreat from a perceived threat, and if that threat is a possible life-threatening situation, you may use deadly force. And if you perceive another's life to be in danger, you may use deadly force (as that guy did in the convenience store situation about a week ago here in FL). The wording is something like, ""necessary to prevent death, great harm or the commission of a forcible felony". So if you're being car-jacked, you could use deadly force.
    Last edited by Piece Corps; 01-25-2009 at 09:19 PM.

  7. #16
    wolfhunter Guest
    PC, if the threat is in your home, business, or vehicle it is assumed (by law) that the threat is life-threatening. AND we have protection against civil suit.

  8. #17
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    Quote Originally Posted by Piece Corps View Post
    In Florida (really simplified), whether or not you're home, you have no obligation to retreat from a perceived threat, and if that threat is a possible life-threatening situation, you may use deadly force. And if you perceive another's life to be in danger, you may use deadly force (as that guy did in the convenience store situation about a week ago here in FL). The wording is something like, ""necessary to prevent death, great harm or the commission of a forcible felony". So if you're being car-jacked, you could use deadly force.
    That's helpful, thank you I'm concerned about having a difficult time differentiating if my life is in danger or if my car is just being stolen. For example, if someone is taking my car, unless he's holding a weapon against me I probably will not make the assumption that he's going to kill me. Or, if I'm at a gas station and a group of guys approach me, I may not think positive thoughts about the outcome, but I don't think I'd make the assumption that they would kill me after the fact. But I think, if I understand correctly, I am allowed to defend myself if if falls under sexual assault or the like.
    I'm secure enough in my self-esteem that I know I cannot handle a 150-pound guy coming at me, but I can handle a firearm to keep that man away from me. -- Maria Heil

  9. #18
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    Quote Originally Posted by GabbyDP View Post
    That's helpful, thank you I'm concerned about having a difficult time differentiating if my life is in danger or if my car is just being stolen. For example, if someone is taking my car, unless he's holding a weapon against me I probably will not make the assumption that he's going to kill me. Or, if I'm at a gas station and a group of guys approach me, I may not think positive thoughts about the outcome, but I don't think I'd make the assumption that they would kill me after the fact. But I think, if I understand correctly, I am allowed to defend myself if if falls under sexual assault or the like.
    Gabby, criminals are going to commit many violent crimes all at the same time to get what they want. If someone is stealing your car, whether or not he or she is holding you hostage, with or without a weapon, THEY CERTAINLY MIGHT KILL YOU AFTER THE FACT, EVEN DURING THE FACT. DO NOT ASSUME OTHERWISE! If you are ever in a situation where you find yourself thinking negative thoughts about the outcome of that situation, THEY MIGHT CERTAINLY KILL YOU AFTER THE FACT, OR WHILE IN THE PROCESS. If someone is trying to sexually assault you, YES, THEY MAY KILL YOU THEN AS WELL. Never think the best of the bag guys/gals. Think the worst and act accordingly. That's how you will stay alive!

    (Capital letters are for adamant emphasis!)

  10. #19
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    Quote Originally Posted by GabbyDP View Post
    That's helpful, thank you I'm concerned about having a difficult time differentiating if my life is in danger or if my car is just being stolen. For example, if someone is taking my car, unless he's holding a weapon against me I probably will not make the assumption that he's going to kill me. Or, if I'm at a gas station and a group of guys approach me, I may not think positive thoughts about the outcome, but I don't think I'd make the assumption that they would kill me after the fact. But I think, if I understand correctly, I am allowed to defend myself if if falls under sexual assault or the like.
    If someone is going to take my car or my money (excepting stealth), they are in fact having to threaten my life. I'm not in the habit of handing over whatever someone asks for just out of the goodness of my heart.
    Maybejim

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  11. Quote Originally Posted by maybejim View Post
    If someone is going to take my car or my money (excepting stealth), they are in fact having to threaten my life. I'm not in the habit of handing over whatever someone asks for just out of the goodness of my heart.
    And even if you did there is no guarantee that the BG won't shoot you anyway.

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