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Old November 18, 2012, 11:09 AM   #89
Join Date: June 8, 2008
Posts: 3,469
Posted by barstoolguru: Yes you can (shoot someone for what they might do) if you are in “fear for your life”….

Texas PC SS 9.31/9.32 now for the record this is Texas law and you should use some common sense when using a gun in self-defense.

In the state of Texas you can brandish a gun if it stops a crime as she did.
Yes, if force is required under 9.31. Not all crimes justify the use of force.

But why does Texas matter here?

Was she with in her rights to do so; I believe so. who is to say how far the man was going to take it.
It just doesn't matter.

As I stated: a sexual assault does not have to employ physical contact but can be a verbal and visual.
Yes it does!

This paragraph does not state physical contact has to be made but implied
Sec. 22.011. SEXUAL ASSAULT. (a) A person commits an offense if the person:
(b) A sexual assault under Subsection (a)(1) is without the consent of the other person if:
(7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;
Well, yes it does. Sexual assault under Subsecion (a)(1) involves penetration or certain kinds of contact. They are spelled out very clearly.

Sections (b) (1)-(11) simply define conditions under which such penetration or contact is considered to have been made without the consent of the victim.

just incase you missed it, you don't have to wait for it to happen but fear it will:
"Fear" will not suffice. The defender must reasonably believe that deadly force is immediately necessary. That reasonable belief will be judged by others, who will weigh the evidence in terms of the questions of ability, opportunity, jeopardy, and preclusion.

Nor will "will" cut it, ether. The threat must be imminent. Now.

I strongly suggest that you consult an attorney before relying on your interpretations or making reckless statements upon which other unfortunates may rely.
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