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by Mike S
Mon Aug 10, 2020 10:48 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Deadly force against blinding lasers
Replies: 20
Views: 7536

Re: Deadly force against blinding lasers

Here's my logic train:

TPC 9.01.(3) Definition of "Deadly Force":
(3) "Deadly force" means force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury.
TPC 1.07(a) Definitions:
(46) "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
TPC 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;
I'm not a lawyer, nor will I likely be selected to be on your jury. However, knowing the risk of permanent damage a laser can cause to the retina (a bodily member/organ) that could result in partial or total blindness, I would see how a 'reasonable person', knowing at the time of the event that 'protracted loss or impairment of function' was a high risk, would 'reasonably believe' that it was 'immediately necessary' to use deadly force to protect against the other's UNLAWFUL use of deadly force (remember that 'deadly force' incorporates 'serious bodily injury' within its definition, as it should. No law should require you to be circling the drain before allowing you to defend yourself).

https://statutes.capitol.texas.gov/SOTW ... m/PE.9.htm

https://statutes.capitol.texas.gov/docs/PE/htm/PE.1.htm

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