Texas Mutual Combat Laws?
I understand that in Texas, if two people agree to mutual combat (fist fight only) and sign a form with their names, location and date of the fight, then no criminal or civil suit can be brought against either one of them for damages done. Is there any validity to that? I have read section 22.01 and 22.06 and see that if no "serious" bodily injury is inflicted then it's true, but it doesn't cover if you knock a tooth out or something like that... If not, under what laws are sanctioned fights like MMA and boxing covered by?
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First, you don't need a signed form. You need "effective consent." That means it can be verbal, or even implied (like lifting your fists if someone challenges you to fight).
Regarding boxing, if you look at 22.06, it has an exception for professional sports. It is a defense to a charge of assault if you can show "the victim knew the conduct was a risk of his occupation."
Where you get into trouble is if you carry the fight farther than your opponent agreed. For example, in a boxing match, your opponent agreed to a fist fight, knowing the risks involved with a fist fight. If you pull out a knife and stab him, you've gone beyond what he agreed to, and put him at greater risk than he agreed to. Mutual combat is therefore not a defense.
Mutual combat is like when me, my uncle, my grandfather and dad were at chilis and started arguing. My uncle and grandfather asked me and my dad if we wanted to go outside. We had a fist fight in the parking lot and the cops came. They said if we didnt stop right them we were all going to jail. Since all 4 people were willing participants in the fight it was mutual combat.
Ok check this out in the Texas Penal Code., I think is should clarify any and all questions regarding what is being asked.
Sec. 22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (a) The victim s effective consent or the actor s reasonable belief that the victim consented to the actor s conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if:
(1) the conduct did not threaten or inflict serious bodily injury; or
(2) the victim knew the conduct was a risk of:
(A) his occupation;
(B) recognized medical treatment; or
(C) a scientific experiment conducted by recognized methods.
(b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant s or the victim s initiation or continued membership in a criminal street gang, as defined by Section 71.01
OK i have to ask But is this still in effect under TX law? This was over 7 years ago, i found one that was posted back in 2014 but nothing posted on this that is current ~2016~ and i am trying to find out the law on this as i have know someone who has issues with their brother and this would be perfect if this is Still In Effect in the TX law-books. please let me know