Well, FWIW the question has been brought up several times before in this venue including no less than three threads specifically directed about it
And the factual answer seems to be…, as in your case, that we cannot nail it down hard and fast: it depends on the specific circumstances of the incident, and on the jurisdiction you are under, and there have been situations that incorporate this but when you dig deeper you find out most ofthen there are complicating factors that make it not so simple.