'Equal Combat' or similar worded LEO stmts

[gigag04]

You can still get popped under DOC - FIGHTING but that was always more of a problem solver than something you went looking for

[KD5NRH]

OK, so what governs two people putting on boxing gloves and pads, and having a match out in the back yard? No advertising or admission fees; just two people consensually doing things to each other calculated to cause bodily injury? (By the definition of bodily injury presented in the penal code, ("physical pain, illness, or any impairment of physical condition") the only non-assaultive way you could ever win a boxing match is by standing around until your opponent gets bored and leaves.)

[Charlies.Contingency]

Sec. 22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (a) The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if:
(1) the conduct did not threaten or inflict serious bodily injury; or
(2) the victim knew the conduct was a risk of:
(A) his occupation;
(B) recognized medical treatment; or
(C) a scientific experiment conducted by recognized methods.
(b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01.

Not only is this just defense to prosecution, but it is not entirely relevant. Only under Assault, Aggravated Assault, or Deadly Conduct does this consider to be a defense to prosecution. TO my understanding, say you were a boxer, or teaching karate, etc, it would be relevant to protect you from being charged with assault. If this were a fight between family member, it would still fall under the Class A Misdemeanor I listed above. Note that family violence is highly condemned in the state of Texas.

For simple assault, it can be helpful, so long as there was no serious bodily injury, but you'll still take the ride, which is what the OP was asking about IMO.

[Charlies.Contingency]

OK, so what governs two people putting on boxing gloves and pads, and having a match out in the back yard? No advertising or admission fees; just two people consensually doing things to each other calculated to cause bodily injury? (By the definition of bodily injury presented in the penal code, ("physical pain, illness, or any impairment of physical condition") the only non-assaultive way you could ever win a boxing match is by standing around until your opponent gets bored and leaves.)

Agreed, there is no winning in this situation, as inflicting any bodily injury upon another person can be considered a crime in the state of Texas. In the end, you can beat the rap, but not the ride.

[croc870]

Why do you think that this defense would not apply to a family violence incident? Family violence is an enhancement, not a separate offence for assault. Perhaps I'm misunderstanding something you're referring to?

[Charlies.Contingency]

<EDIT> (DOUBLE POST)

[Charlies.Contingency]

Why do you think that this defense would not apply to a family violence incident? Family violence is an enhancement, not a separate offense for assault. Perhaps I'm misunderstanding something you're referring to?

It is an enhancement, so therefore it cannot be considered simple assault. The family part makes all the difference. If you were in a boxing ring, it is a lot different then bloodying your brothers face over a football game. An enhancement should be treated like any other. If there were a deadly weapon involved, though it's still a form of assault, just enhanced, doesn't mean it can be ignore because it was mutual. Assault can be as simple as a shove, a push... I am I the only one that see's it this way?

[talltex]

OK, so what governs two people putting on boxing gloves and pads, and having a match out in the back yard? No advertising or admission fees; just two people consensually doing things to each other calculated to cause bodily injury? (By the definition of bodily injury presented in the penal code, ("physical pain, illness, or any impairment of physical condition") the only non-assaultive way you could ever win a boxing match is by standing around until your opponent gets bored and leaves.)

Theoretically, nothing...but common sense will generally prevail. First off, unless someone calls the police to complain, there is no potential offense to be investigated...it never happened. Secondly...assuming some uninvolved third party called it in, and the police responded and found a couple of buddies just having a friendly match, or actually doing some serious sparring in or out of a gym setting, I doubt that any type of charges would be filed. Otherwise, the same charges would apply to any legitimate boxing gym, martial arts dojo, and so forth. COULD an officer make them "take the ride"? Sure, but again, I'd hope that common sense and some discretion would be used.

[JP171]

Charles, you cannot "enhance" what didn't occur period full stop

[Charlies.Contingency]

Charles, you cannot "enhance" what didn't occur period full stop

What do you mean what didn't occur? Or are you referencing to me? (Charlie)

[KD5NRH]

Sec. 22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (a) The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if:
(1) the conduct did not threaten or inflict serious bodily injury; or
(2) the victim knew the conduct was a risk of:
(A) his occupation;
(B) recognized medical treatment; or
(C) a scientific experiment conducted by recognized methods.
(b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01.

Not only is this just defense to prosecution, but it is not entirely relevant. Only under Assault, Aggravated Assault, or Deadly Conduct does this consider to be a defense to prosecution. TO my understanding, say you were a boxer, or teaching karate, etc, it would be relevant to protect you from being charged with assault. If this were a fight between family member, it would still fall under the Class A Misdemeanor I listed above. Note that family violence is highly condemned in the state of Texas.

For simple assault, it can be helpful, so long as there was no serious bodily injury, but you'll still take the ride, which is what the OP was asking about IMO.

The problem here is that boxing or any martial art can easily cause serious bodily injury, (invalidating the defense by point (1)) even if that is not the intent, and any participant should be well aware of that, therefore any such injury would be caused knowingly.

[Charlies.Contingency]

Sec. 22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (a) The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if:
(1) the conduct did not threaten or inflict serious bodily injury; or
(2) the victim knew the conduct was a risk of:
(A) his occupation;
(B) recognized medical treatment; or
(C) a scientific experiment conducted by recognized methods.
(b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01.

Not only is this just defense to prosecution, but it is not entirely relevant. Only under Assault, Aggravated Assault, or Deadly Conduct does this consider to be a defense to prosecution. TO my understanding, say you were a boxer, or teaching karate, etc, it would be relevant to protect you from being charged with assault. If this were a fight between family member, it would still fall under the Class A Misdemeanor I listed above. Note that family violence is highly condemned in the state of Texas.

For simple assault, it can be helpful, so long as there was no serious bodily injury, but you'll still take the ride, which is what the OP was asking about IMO.

The problem here is that boxing or any martial art can easily cause serious bodily injury, (invalidating the defense by point (1)) even if that is not the intent, and any participant should be well aware of that, therefore any such injury would be caused knowingly.

True, and as I look back through this thread, it appears that it may have been aimed more towards, finding a defense to fighting with your brother... It might just be me, but that's the way it looks now. Don't want to go to jail, don't get into a physical altercation, simple as that. If you both say, (Colorful word inserted here) it, lets duke it out in the front yard, jail time may be the consequence.

[KD5NRH]

True, and as I look back through this thread, it appears that it may have been aimed more towards, finding a defense to fighting with your brother... It might just be me, but that's the way it looks now. Don't want to go to jail, don't get into a physical altercation, simple as that. If you both say, (Colorful word inserted here) it, lets duke it out in the front yard, jail time may be the consequence.

Not really; with a former roommate, when one of us had a bad day, we would go out back and spar for a bit to blow off steam. Depending on how bad of a day, sometimes we were pushing the limits of the pads, but nothing that would be out of place in any training gym.

[R DAVIS]

http://baylorlariat.com/2013/02/19/view ... -in-texas/

Let's get ready to RUMBLE !

[Charlies.Contingency]

True, and as I look back through this thread, it appears that it may have been aimed more towards, finding a defense to fighting with your brother... It might just be me, but that's the way it looks now. Don't want to go to jail, don't get into a physical altercation, simple as that. If you both say, (Colorful word inserted here) it, lets duke it out in the front yard, jail time may be the consequence.

Not really; with a former roommate, when one of us had a bad day, we would go out back and spar for a bit to blow off steam. Depending on how bad of a day, sometimes we were pushing the limits of the pads, but nothing that would be out of place in any training gym.

That wasn't really in reference to suiting up and sparing, this is more in reference to two brothers literally getting in a "fist fight," I'm sure somebody else know what I'm talking about. When people get into a heated argument, they don't generally say, "Hey, lets go suit up so we don't accidentally hurt each other." It's usually more like, "Hey, Outside now, I'm going to kick your "BLANK!" There's a big difference to me, between two people suiting up to spar, and two people throwing bare punches, and wrestling on the front lawn. All IMO of course.