Originally Posted by fburgtx
“Deadly Conduct”

Texas Penal Code 22.05

Originally Posted by Fubarski
https://codes.findlaw.com/tx/penal-code/penal-sect-22-05.html

(a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.

(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:

(1) one or more individuals;  or

(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.

(c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.

And as has been said, post the statute that proves "BRANDISHING" meets the element of "PROVOCATION".

No where in the above is PROVOCATION discussed, nor brandishing a firearm meets the element of "PROVOCATOON"

And (a) above does not fit either, because just the act of walking out a door with a gun held down at your side does not "recklessly endanger" anyone.

You have to prove the act of brandishing a firearm meets the element of Provocation.

Guess what? You can't, because their is no statute, because brandishing a firearm in TX does NOT meet the element of Provocation, and without that you can't have a Murder charge.

Next attempt.


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