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Do 51% and 30.06 apply if...
Posted: Mon Dec 18, 2006 2:44 am
by Will938
You enter the business to diffuse a situation. Say some guy was talking tough outside a bar and a uniformed officer or security was inside, so you entered to stop the situation from escalating.
If something has happened and you entered to take cover.
Is there anything in the penal code or case law which allows or makes exceptions for stuff like this?
Posted: Mon Dec 18, 2006 6:20 am
by Greybeard
While a real lawyer (rather than lowly CHL instrutor
) will likely come along shortly and mention defense of "law of competing harms".
The concept (according to Uncle Mas) is something to the effect of: it is better to break the law when (under certain rare circumstances) following the law would cause more human injury than breaking it.
Re: Do 51% and 30.06 apply if...
Posted: Mon Dec 18, 2006 11:25 am
by txinvestigator
Will938 wrote:You enter the business to diffuse a situation. Say some guy was talking tough outside a bar and a uniformed officer or security was inside, so you entered to stop the situation from escalating.
If something has happened and you entered to take cover.
Is there anything in the penal code or case law which allows or makes exceptions for stuff like this?
Chapter 9, TPC
§9.22. Necessity.
Conduct is justified if:
(1) the actor reasonably believes the conduct is immediately
necessary to avoid imminent harm;
(2) the desirability and urgency of avoiding the harm clearly
outweigh, according to ordinary standards of reasonableness, the harm
sought to be prevented by the law proscribing the conduct; and
(3) a legislative purpose to exclude the justification
claimed for the conduct does not otherwise plainly appear.
Posted: Tue Dec 19, 2006 12:22 pm
by stevie_d_64
Tyler, Texas Courthouse shooting...
"I was trying to get away from the area where a gunman with better firepower than I had at the time was indescriminately firing at people outside the courthouse...So I ran inside the courthouse building to get away from the gunman..."
"Yes, I am carrying at this time..."
In reality I probably wouldn't do this, and would probably be dead if I did intervene...
I guess in these types of senarios you have to ask yourself that little question...
Posted: Tue Dec 19, 2006 6:15 pm
by Venus Pax
You should never enter a place to diffuse a situation unless you're trained to do so, or unless your mother is in there.
Posted: Tue Dec 19, 2006 6:24 pm
by Mike1951
I think he meant the situation was OUTSIDE and he diffused it by entering an otherwise not allowed place because there was an officer inside.