Would it be legal for a bystander to use deadly force to prevent a doctor from committing an abortion in Texas?
1 Answer
No. Under Texas Penal Code Title 2 Subchapter A, one of three three conditions must be true to use the defense-of-others defense, that the person against whom force is used unlawfully and with force entered the person's residence, vehicle of business (not applicable), or attempted to forcibly remove the person from same (idem), or attempted aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery. Abortion is not statutorily murder in Texas, even if it is illegal.