IANAL YMMV
"Verbal provocation alone" ...
Remember, generally, the other party needs 3 things to put you in reasonable fear of imminent serious injury that would necessitate your immediate self-defense response:
Means
Motive
Opportunity
Verbal provocation = motive
But what are the other party's means and opportunity to make good on that verbal threat? If you cannot articulate this, then best not to "jump the gun" with an over aggressive self- defense response.
Words are words alone and cannot hurt you.
Add means like a visible weapon or significant physical disparity (size, youth, athleticism, numbers of attackers) and opportunity like physical proximity to you that would give the attacker ability to use the weapon and you e changed the self-defense equation.
A guy showing a knife and screaming "I'm gonna gut you like a fish" is not an imminent threat if he is 50 yards away on the other side of a river. But put the same guy only 30 feet away on open, level ground? Now THAT is an imminent threat (search "Tueller Drill".
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Return to “legal definition of "flashing"???”
- Sun Dec 22, 2013 10:16 pm
- Forum: New to CHL?
- Topic: legal definition of "flashing"???
- Replies: 29
- Views: 4343
- Tue Dec 17, 2013 3:00 pm
- Forum: New to CHL?
- Topic: legal definition of "flashing"???
- Replies: 29
- Views: 4343
Re: legal definition of "flashing"???
As for "flashing" depends what you're flashing (breasts are ok under state law, other body parts are not; local laws vary).
Read more under PC 21.08 http://www.statutes.legis.state.tx.us/D ... /PE.21.htm" onclick="window.open(this.href);return false;
Read more under PC 21.08 http://www.statutes.legis.state.tx.us/D ... /PE.21.htm" onclick="window.open(this.href);return false;
- Tue Dec 17, 2013 2:55 pm
- Forum: New to CHL?
- Topic: legal definition of "flashing"???
- Replies: 29
- Views: 4343
Re: legal definition of "flashing"???
I'm also not a lawyer, but In brief (and I do mean brief, you need to go read and reread multiple times Chapter 9 of the Texas Penal Code http://www.statutes.legis.state.tx.us/D ... m/PE.9.htm" onclick="window.open(this.href);return false;):
If you reasonably fear imminent serious bodily harm or imminent felony crime (ex: aggravated robbery - see statutes for more complete list) that requires you to immediately produce your weapon as means of self-defense against that imminent harm, then you are justified in displaying (and possibly firing) your weapon. Note that this justification is a "defense to prosecution" not a blanket immunity.
If you are NOT justified to display or draw your weapon, then you could be charged with anything from Unlawful Carry - Intentional Display (misdemeanor) to Aggravated Assault (felony) depending on circumstances.
If you reasonably fear imminent serious bodily harm or imminent felony crime (ex: aggravated robbery - see statutes for more complete list) that requires you to immediately produce your weapon as means of self-defense against that imminent harm, then you are justified in displaying (and possibly firing) your weapon. Note that this justification is a "defense to prosecution" not a blanket immunity.
If you are NOT justified to display or draw your weapon, then you could be charged with anything from Unlawful Carry - Intentional Display (misdemeanor) to Aggravated Assault (felony) depending on circumstances.