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When and to the degree the actor reasonably believes the
force is immediately necessary to protect the actor against the
other's use or attempted use of unlawful force. The actor's
belief that the force was immediately necessary as described
by this subsection is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against
whom the force was used:
(A) unlawfully and with force entered, or was attempting to
enter unlawfully and with force, the actor's occupied habitation,
vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to
remove unlawfully and with force, the actor from the actor's
habitation, vehicle, or place of business or employment; or
(C) was committing or attempting to commit aggravated
kidnapping, murder, sexual assault, aggravated sexual assault,
robbery, or aggravated robbery; (2) did not provoke the person
against whom the force was used; and (3) was not otherwise
engaged in criminal activity, other than a Class C misdemeanor
that is a violation of a law or ordinance regulating traffic at the
time the force was used.
, PC 9.31 Self Defense - ANSWER-THE USE OF FORCE AGAINST
ANOTHER IS NOT JUSTIFIED:
(1) in response to verbal provocation alone;
(2) to resist an arrest or search that the actor knows is being
made by a peace officer, or by a person acting in a peace
officer's presence and at his direction, even though the
arrest or search is unlawful, unless the resistance is justified
under Subsection (c);
(3) if the actor consented to the exact force used or attempted
by the other; (4) if the actor provoked the other's use or
attempted use of unlawful force, unless:
(A) the actor abandons the encounter, or clearly
communicates to the other his intent to do so reasonably
believing he cannot safely abandon the encounter; and
(B) the other nevertheless continues or attempts to use
unlawful force against the actor; or
(5) if the actor sought an explanation from or discussion with
the other person concerning the actor's differences with the
other person while the actor was:
(A) carrying a weapon in violation of Section 46.02; or
(B) possessing or transporting a weapon in violation of Section
46.05.
(c) The use of force to resist an arrest or search is justified:
(1) if, before the actor offers any resistance, the peace officer
(or person acting at his direction) uses or attempts to use
greater force than necessary to make the arrest or search; and
(2) when and to the degree the actor reasonably believes the
force is immediately necessary to protect himself against the