Provoke is already part of the use of force laws. Penal Code section 9.31 (b) states thatKBCraig wrote:That is a huge change in meaning! For those who don't catch the subtlety, this changes it from "you can use it as a defense when you're sued", to "you can't be sued".CWOOD wrote:The passed committee changes "affirmative defense" to "IMMUNITY FROM CIVIL ACTION" Folks this is HUGE.
Oooh... I really don't like "provoked" as a choice of wording,Here is the revised text of the bill in HTML format:
http://www.capitol.state.tx.us/tlodocs/ ... 00284H.htm
(b) The use of force against another is not justified:
(4) if the actor provoked the other's use or attempted use of
unlawful force,
It goes on to include justification if you abandon the encounter you provoked or clearly communicate your desire to do so, and the other then continues to use unlawful force against you.
No.will938 wrote:I thought the same thing concerning provocation. What is being provoked? How far does that cover, did I provoke someone by not retreating from my car while they were breaking in?
No.Did I provoke the attack by using firm language instead of telling them that I was very very sorry about irritating him and that I was leaving in an expedited manner with my tail between my legs?