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Old July 29, 2010, 11:51 AM   #11
DogoDon
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Join Date: January 8, 2010
Location: Charlotte, NC
Posts: 368
Quote:
It is however limited to circumstances of "deadly force that is justified under Chapter 9 Penal Code." Looking through Chapter 9 of the Penal Code, we have 9.05 which says:

"Sec. 9.05. RECKLESS INJURY OF INNOCENT THIRD PERSON. Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person."
Aha! That makes sense. I knew I must be missing something.

I wonder if Florida's statutes have a similar provision--I haven't been able to find one. Indeed, could this vary from state to state? Perhaps Texas has a more-restrictive immunity than other states?
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