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In Only Texas and 1 Other State, Mutual Combat is Legal

Many individuals might be surprised to know that mutual combat is legal in Texas. But it’s true. Penal Code 22.06 says that if two people agree to engage in a physical altercation then they may engage in physical contact.

In a current episode of the “Advice Not Taken” podcast, writer and stand-up comedian Jamie Kilstein discussed the ethics of fighting.

The mutual combat statute in Texas was a topic of discussion in an interview with Mike Simpson, a fellow podcast presenter, physician, and TV personality with substantial military experience.

The San Antonio Police Department responded to KSAT’s request for more information about the mutual combat law by stating that “mutual combat is just a fight, and in that fight, if someone brings a weapon, that’s when the use of force rules enter in.”

The representative stated, “most of the time it’s an argument that both parties agree to get physical.”

When KSAT questioned the SAPD spokesperson about the possibility that two persons agree to a fight and then one of them wants to file a police report, the SAPD spokesperson responded, “they are not able to do that.”

Mutual combat is a Class C Misdemeanor and is treated by the local court, so homicide won’t file a case on it just because one party wishes to. The court typically files on both parties in situations when one party wants to press charges, the spokesperson added.

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