RiveraRa wrote:I say they are deadly force based off of this reasoning.
The definition of deadly force according to th TX PC 38.01 C is:
"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.
Tasers have proven that they are capable of causing death. And while I have never used one or seen one in real life, I would assume that since your muscles are basically rendered useless you could fall and hit your head on the curb or something similar that would cause "serious bodily injury"
Based off of that definition in the TX PC I say, yes, they are considered deadly force.
Actually, I am not sure. You need to read the lines in front of what you put in red. I think the statement 'intended or known by the actor to cause, or in the manner of its use or intended use' is the out. This removes the taser from the deadly force as it is not
intended, or the manner of use, or intended use was to cause death or serious bodily injury, just incapacitate them. Unless they can prove that the actor knew the taser could/would cause death (listed above) then they are gonna be cleared of using deadly force.
JMO, and IANAL.
