TexasCHLforum.com

"During the night time" is a phrase that goes back to our common law roots. People predisposed to commit crimes at night were considered to be all the more henious for it. Night time is when honest folk slept and taking advantage of them added to the offense.

Personally, I think it is still a time when most folks are more vulnerable and I'm glad the "during the night time" provision is an element to justify greater use of force and greater potential for punishment in courts.