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In reply to the discussion: Woman Charged for Pointing Gun at Teen Allegedly Raping Dog [View all]moriah
(8,312 posts)35. Thanks. The witness statements are interesting.
I still think she acted in defense of another, and it's also permissible to use force here in a "choice of evils" situation:
http://law.justia.com/codes/arkansas/2010/title-5/subtitle-1/chapter-2/subchapter-6/5-2-604/
(a) Conduct that would otherwise constitute an offense is justifiable when:
(1) The conduct is necessary as an emergency measure to avoid an imminent public or private injury; and
(2) According to ordinary standards of reasonableness, the desirability and urgency of avoiding the imminent public or private injury outweigh the injury sought to be prevented by the law proscribing the conduct.
(b) Justification under this section shall not rest upon a consideration pertaining to the morality or advisability of the statute defining the offense charged.
(c) If the actor is reckless or negligent in bringing about the situation requiring a choice of evils or in appraising the necessity for his or her conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish a culpable mental state.
(1) The conduct is necessary as an emergency measure to avoid an imminent public or private injury; and
(2) According to ordinary standards of reasonableness, the desirability and urgency of avoiding the imminent public or private injury outweigh the injury sought to be prevented by the law proscribing the conduct.
(b) Justification under this section shall not rest upon a consideration pertaining to the morality or advisability of the statute defining the offense charged.
(c) If the actor is reckless or negligent in bringing about the situation requiring a choice of evils or in appraising the necessity for his or her conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish a culpable mental state.
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Well, since he is a minor, if you tape him and put it on you tube, you'd likely get locked
LisaL
May 2017
#23
so you think he isn't going to come back and try to rape the dog or other dogs again ?
JI7
May 2017
#25
some people really just don't care about animals; no amount of reason will change it. nt
TheFrenchRazor
May 2017
#40
I'm old enough to remember DUers who agreed that pointing a gun at someone without firing it
Starry Messenger
May 2017
#9