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Pepper Spray Attacks

Posted: Tue May 01, 2007 11:04 am
by anygunanywhere
http://abclocal.go.com/ktrk/story?secti ... id=5261115

(5/01/07 - WACO, TX) - Police are looking for the teenagers behind two attacks on Baylor University students in which the victims' eyes were doused with pepper spray.

Of course, the victims were unarmed. Two BGs, pepper spray, random attacks.

Gun/weapon free zone. Is pepper spray banned from college campuses?

Anygun

Posted: Tue May 01, 2007 1:53 pm
by stevie_d_64
Ok, this is information I was looking for...

It appears to be "random"??? Journalist...What do you expect...Right???

So for the most part they would just spray the "victims"...Bu tone said they got "punched" as well...

Obviously that aggravates the situation, but does it "aggravate" a crime???

Just looking to spark up the discussion again...

I just want to see where the crime is here, and yet we know there could very well be follow up acts made upon a person who commits this act of spraying...

Got to go back and look at the other discussion because somebody posted the "code" this applies to...

Posted: Tue May 01, 2007 2:09 pm
by seamusTX
Spraying someone with pepper spray is assault, at a minimum:
PC § 22.01. ASSAULT. (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
Aggravated assault requires actual injury or the use of a deadly weapon.

- Jim

Posted: Tue May 01, 2007 3:58 pm
by txinvestigator
seamusTX wrote:Spraying someone with pepper spray is assault, at a minimum:
PC § 22.01. ASSAULT. (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
Aggravated assault requires actual injury or the use of a deadly weapon.

- Jim
Actually aggravated assault requires "Serious Bodily Injury" or the exhibition or use of a deadly weapon.

Assault already covers "actual injury" (see red in your quote)

Posted: Tue May 01, 2007 5:11 pm
by NguyenVanDon
Since I'm a college student and I can't carry inside the school, I'm usually carrying my police magnum oc-17% pepper spray and my folding knife. It's better than nothing...

Posted: Wed May 02, 2007 2:49 pm
by anygunanywhere
NguyenVanDon wrote:Since I'm a college student and I can't carry inside the school, I'm usually carrying my police magnum oc-17% pepper spray and my folding knife. It's better than nothing...
Are you violating school policy?

Posted: Wed May 02, 2007 2:54 pm
by NguyenVanDon
Been doing it for 2 years now. Past by the Campus Police Department everyday and they have never said a word to me.

Posted: Thu May 03, 2007 11:35 am
by Will938
anygunanywhere wrote:
NguyenVanDon wrote:Since I'm a college student and I can't carry inside the school, I'm usually carrying my police magnum oc-17% pepper spray and my folding knife. It's better than nothing...
Are you violating school policy?
My school allows "legal" knives, so 5.5" and I carry one. Last semester when I checked they prohibited pepper spray. So it was against campus rules and I could get into trouble with them, but there was nothing illegal about it. I looked for the rules on pepper spray again and I couldn't find anything, maybe they're cool with it now, I dunno.

Posted: Thu May 03, 2007 10:14 pm
by jbirdswife
anygunanywhere wrote:
NguyenVanDon wrote:Since I'm a college student and I can't carry inside the school, I'm usually carrying my police magnum oc-17% pepper spray and my folding knife. It's better than nothing...
Are you violating school policy?
I am also currently a graduate student at the University of Houston Clear Lake and always have my Fox Spray in hand when walking through the parking lot. This is what I was able to find in our Student Life Policy online.

From Student Life Policy – Workplace Violence Section
2.5 Dangerous weapons - for purposes of this policy, "dangerous weapons" means: any item commonly used as, or primarily intended for use as, a weapon; including but not limited to a firearm, knife, club, or other prohibited weapon as defined by V.T.C.A., Penal Code Section 46.05; or any object that has been modified to endanger or has been employed to endanger a person or property.

I then did an internet search of V.T.C.A. Penal Code Section 46.05, and was directed to the link to below -
http://tlo2.tlc.state.tx.us/statutes/do ... 046.00.htm

(14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.

At least in my case, at UHCL it appears to be legal for me to carry it.

Kimberly

Posted: Fri May 04, 2007 9:28 am
by SC1903A3
The University of Dallas (Private Catholic in Irving, Tx) does nor prohibit pepper spray.

Posted: Thu Jun 28, 2007 9:41 am
by AR Traveler
jbirdswife wrote:Since
I then did an internet search of V.T.C.A. Penal Code Section 46.05, and was directed to the link to below -
http://tlo2.tlc.state.tx.us/statutes/do ... 046.00.htm

(14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.

At least in my case, at UHCL it appears to be legal for me to carry it.

Kimberly
FYI,
I was in the REI in downtown Austin last night getting ready for a Colorado trip and notice they had "Chemical dispensing devices" in the form of the large bear spray cannisters. Just thought is was interesting that guy in dreadlocks might be selling illegal weapons :smile:

Posted: Thu Jun 28, 2007 5:08 pm
by HEMIzygote
Texas Tech University allows both pepper spray and knifes.

Posted: Thu Jun 28, 2007 5:12 pm
by AV8R
Our daughter is a sophomore at UNT, living in a dormitory. She carries Fox on her key ring openly, and has never received a comment from staff or other students. As far as I can tell, the campus police are pro-student safety.

Posted: Thu Jun 28, 2007 5:54 pm
by Will938
HEMIzygote wrote:Texas Tech University allows both pepper spray and knifes.
Well yeah, you need it there :grin:





So then, when they say "force, but not deadly force" OC would fall under that along with joint locks and strikes to non-vital areas correct?