In many jurisdictions, that space does exist, because cops and prosecutors are comfortable "looking the other way" when it's clear there is a reason to do so. It is to Texas's credit that much of that state is such a jurisdiction, but in fact much of the fly-over country is.

Of course, a fake-ass "anarchist" like Applebaum might file a civil suit for a well-deserved ass-kicking, but that's still sunlight.