I was browsing some of my favorite sites the other day and came across something interesting. One person posted a link to a story about a law in Texas that essentially allows for old-fashioned duels. They call this “mutual struggle.” Article 22.06. CONSENT TO DEFENSE AGAINST ATTACK BEHAVIOR. [Mutual struggle] This means that duels are still legal under the Texas Penal Code. The law states that two people who feel the need to fight can accept and cling to mutual struggle through signed, oral or implicit communication (but only fists). For more information, check out this article from a law firm on the struggle between them. I like the idea of facing a disagreement with a duel of men. I just don`t know if I want to do the legal tango I should do afterwards.
And I don`t know if I would recommend this, just leave and let it go. Note that amateur “fighting clubs” are likely to be illegal in Texas, as it is almost inevitable that someone will suffer serious injuries. Since the events of a fighting club are not sanctioned professional fights, this would make this form of mutual wrestling illegal. Technically, yes, but if you and the other party agree that you were involved in a mutual fight, you usually won`t be charged with a crime. In the past, boxing and fighting were not as regulated as they are today. That`s why things like fighting clubs are illegal today because they don`t enforce many of these standards and/or don`t follow many of the regulations and laws that states and their sports commissions have. If you`ve been charged with assault or assault, Texas` Mutual Wrestling Act can help your defense. Much will depend on the proof you have that the other person has agreed to fight you. Mutual wrestling becomes illegal under Texas law if one of the participants is seriously injured. I hope the policeman/referee will intervene before this point. The only exception is when participants are fighting as part of their profession or as part of a medical experiment. The policeman is supposed to act as a referee by stopping the fight when an obvious winner has appeared.
The police officer must also prevent bystanders from being injured and property from being damaged. This would make the struggle illegal. Initial answer: Why is duel illegal? Duels were banned by the French kings because it was expensive for the country. Too many brave young men died for futile reasons, young men who needed kings for their wars. I can easily imagine how things could escalate between two parties who seriously think they will fight and reap no legal consequences. But what if restrictions on this law were the ultimate code of honor? What if honor in a fair fight was still a respectable way to deal with disagreements? Wouldn`t that be nice? In a perfect world, if mutual struggle were the first and last course of action in a conflict, then we would have our arguments, we would fight with respect and honor, and we would leave problems at the door the next day. But unfortunately I dream. I also have dreams where everyone knows Kung Fu and can speak any language they want effortlessly.
Thus, if two people are in a fight that did not cause serious bodily harm, and if there was reasonable consent based on words or body language, the mutual combat defense could be used. However, if a serious bodily injury occurred or the fight was not caused, it will probably not be considered a mutual struggle. The Mutual Wrestling Act that Texas passed is found in Section 22.06 of the Texas Penal Code. This section is entitled “Consent to Defend Against Aggressive Behavior” and states that the victim`s consent to the fight is a defense against prosecution if: First, weapons are not authorized. The law allows two people to make a deal to solve a problem through struggle. What it does not allow is the use of lethal weapons. If you are accused of an attack, you may be able to claim that you were involved in a mutual fight. This defense could help you win your case or convince the prosecutor to drop the charges against you.
Washington State`s Mutual Wrestling Act contains a provision that makes wrestling a minor legal challenge: to be legal, a fight must be supervised by a police officer. Most of the time, police officers have something better to do with their time than watching a few guys fight. As already mentioned, most states leave the mutual struggle in a kind of gray area. However, Oregon explicitly prohibits it. Mutual combat is only allowed in Oregon if participants participate in licensed combat. Authorized fights must be approved by the Oregon Athletic Commission to be legal. This means that amateur “fighting clubs” are completely illegal in the state, even if no one is seriously injured. In Texas, the law allows two people to participate in a mutual fight. Under section 22.06 of the Texas Criminal Code, a person is in a mutual battle if the contact did not cause or threaten to cause serious bodily harm, or if the alleged victim participated even though they knew the risk because of their profession. Mutual wrestling is also legal in Texas.
As in Washington State, people who want to do it in Texas must do so under the watchful eye of a police officer. Considering that Texas law allows people to carry swords in public, it`s no surprise that consensual fist fights are legal. Here you probably don`t have a mutual defense. Although your friend explicitly agreed to fight, you caused serious bodily harm in the end. Fighting is also not part of your “profession”, because the Fight Club is an amateur business. On the other hand, if you have been part of a boxing league or a mixed martial arts league, you might be able to increase each other`s combat defenses, but here you probably can`t. Yes, in some U.S. jurisdictions. Mutual struggle is an affirmative defense against attacks and battery charges. Some jurisdictions even allow police officers to “fight” a fight if both parties agree.
But now that you know this law, think twice about the next argument you`ll have with a friend (or enemy). It can only save your relationship. You can choose not to complicate things with excuses and rack your brains for eloquent (or not so eloquent) arguments and instead fight (legally) and accept the result. Just a few days ago, I discovered one of the most interesting things about Texas. Did you know that Texas still has a law of mutual battle? Essentially, dueling is still legal under sections 22.01 and 22.06 of the Texas Criminal Code. I was determined to continue my career as a journalist until I made this discovery through a random search on the Internet and the random reading of some comments on Reddit. Now that I know that duels are always legal, there is no reason for me to seek truth and justice through words. A charge of assault arises from a person who intentionally, knowingly or recklessly inflicts bodily harm on another person. The critical element is bodily injury. In Texas, bodily injury is defined as physical pain, illness, or impaired physical fitness. A lot of pain, no matter how small, is enough to legally represent a bodily injury.
However, an alleged victim who simply claims to be uncomfortable is not enough for an ABI indictment. Here you can probably claim that you have engaged in mutual struggle as a defense against an attack charge. The person you are fighting against has implicitly agreed to fight by following outside and making moves that you reasonably believe indicates they want to fight. In addition, you did not cause any serious bodily injury during the fight, so it seems that the defense is true. Washington State is one of only two states in America where mutual struggle is completely legal. Most states do not have a specific law regarding mutual struggle, so consensual struggles remain in a kind of gray area. However, Washington State has a law that legalizes mutual struggle. The law states that two people who feel the need to fight can accept a mutual fight through a signed or even verbal or implicit communication and are there (but only fists). As long as there is no “serious” bodily injury and both participants know what level of risk they are risking, fighting is a defense for a criminal or civil lawsuit that can be brought against you. Forget the hope that more people will find ways to pick up a journal and learn more about important topics. Forget arguing with people through editorials and columns about problems we can`t really solve.
As a result of this discovery, I decided to get rid of the facade of politeness and educated reason and replace it with the simplest answer to everything: physical violence. The days when land disputes were settled with a revolver and ten steps in opposite directions are far behind us. I hope not. While a jail sentence is a possibility if you`ve been charged with anything other than a Class C offense, the goal would be to avoid jail time for a first attack. An experienced defense lawyer will develop a strategy that will hopefully lead to release, probation, deferred probation, or a distraction program. Just because someone has been charged with assault does not mean they are guilty. There are many defenses that can be raised in an attack case, including self-defense, defense of others, defense of property, coercion, and necessity. August 1999, page 48 duels flourished in England for nearly three centuries; However, the practice finally ended in 1852, when the last recorded English duel was fought. Class B offence: A Class B offence is punishable by imprisonment for up to 180 days and fines of up to $2,000. Although rare, a Class B offense in Texas is defined as a non-athletic actor threatening an athlete with bodily harm or causing offensive contact with a sports participant. .
