At the point they are attempting to drag her out of the store, one might consider that an imminent commission of kidnapping. It would appear that they are inflicting bodily injury during that attempt.
PC §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, rob-
bery, or aggravated robbery.
PC §9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force
is justified when the use of force is justified by this chapter. For pur-
poses of this section, a threat to cause death or serious bodily injury by
the production of a weapon or otherwise, as long as the actor's pur-
pose is limited to creating an apprehension that he will use deadly
force if necessary, does not constitute the use of deadly force.
PENAL CODE
TITLE 5. OFFENSES AGAINST THE PERSON
CHAPTER 20. KIDNAPPING AND UNLAWFUL RESTRAINT
Sec. 20.04. AGGRAVATED KIDNAPPING. (a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the flight after the attempt or commission of a felony;
(4) inflict bodily injury on him or violate or abuse him sexually;
(5) terrorize him or a third person; or
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- by wheelgun1958
- Fri Apr 22, 2011 12:29 pm
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: another beating at a McDonalds
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