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Question for Lawyers or Anyone "In the Know"
Posted: July 8th, 2011, 3:05 pm
by EarlJam
Can you get in big legal trouble for pranking someone with a dose of poison light enough to make them very physically ill, but not heavy enough to hospitalize them for long or put them in danger of death?
Thanks.
-EarlJam
Re: Question for Lawyers or Anyone "In the Know"
Posted: July 8th, 2011, 3:16 pm
by lawgrad91
Yes.
It is settled in the law that you take your victims as you find them. Your victim may be allergic to a poison and die, and the "I was just trying to make him sick" is no defense, either criminally or civilly.
In Virginia, poisoning to the point of illness can get a defendant 20 years. Not sure what the law is in other states, but I'm guessing the potential sentence isn't any fun.
Re: Question for Lawyers or Anyone "In the Know"
Posted: July 8th, 2011, 3:24 pm
by EarlJam
lawgrad91 wrote:Yes.
It is settled in the law that you take your victims as you find them. Your victim may be allergic to a poison and die, and the "I was just trying to make him sick" is no defense, either criminally or civilly.
In Virginia, poisoning to the point of illness can get a defendant 20 years. Not sure what the law is in other states, but I'm guessing the potential sentence isn't any fun.
What if you stated (verbally or in writing), to the "victim" that the drink or food he was about to enjoy "could" make him/her sick, so eat/drink at your own risk? Oh sure, he/she (or they) would think you are only joking but you may or may not know better.
Would such a disclaimer help reduce the sentence if you could prove one was given?
-EarlJam
Re: Question for Lawyers or Anyone "In the Know"
Posted: July 8th, 2011, 3:26 pm
by lawgrad91
EarlJam wrote:lawgrad91 wrote:Yes.
It is settled in the law that you take your victims as you find them. Your victim may be allergic to a poison and die, and the "I was just trying to make him sick" is no defense, either criminally or civilly.
In Virginia, poisoning to the point of illness can get a defendant 20 years. Not sure what the law is in other states, but I'm guessing the potential sentence isn't any fun.
What if you stated (verbally or in writing), to the "victim" that the drink or food he was about to enjoy "could" make him/her sick, so eat/drink at your own risk? Oh sure, he/she (or they) would think you are only joking but you may or may not know better.
Would such a disclaimer help reduce the sentence if you could prove one was given?
-EarlJam
Probably would make it worse, because then you can't argue you didn't know it could hurt him/her or couldn't hurt them to such an extent.
Re: Question for Lawyers or Anyone "In the Know"
Posted: July 8th, 2011, 3:35 pm
by EarlJam
lawgrad91 wrote:
Probably would make it worse, because then you can't argue you didn't know it could hurt him/her or couldn't hurt them to such an extent.
Well damn.
Thanks though!
-EarlJam
Re: Question for Lawyers or Anyone "In the Know"
Posted: July 8th, 2011, 7:31 pm
by lawgrad91
Thanks for the opportunity to PW!
Re: Question for Lawyers or Anyone "In the Know"
Posted: July 8th, 2011, 7:34 pm
by ArkieDukie
lawgrad91 wrote:Yes.
It is settled in the law that you take your victims as you find them. Your victim may be allergic to a poison and die, and the "I was just trying to make him sick" is no defense, either criminally or civilly.
In Virginia, poisoning to the point of illness can get a defendant 20 years. Not sure what the law is in other states, but I'm guessing the potential sentence isn't any fun.
Does this same policy apply if someone were to make special Ex-Lax brownies for someone whose name rhymes with pinion?
Re: Question for Lawyers or Anyone "In the Know"
Posted: July 8th, 2011, 7:38 pm
by lawgrad91
Speaking from a purely theoretical standpoint, I think Ex Lax brownies made as a peace offering to someone whose name rhymes with Pinion is entirely appropriate.
Re: Question for Lawyers or Anyone "In the Know"
Posted: July 8th, 2011, 7:42 pm
by ArkieDukie
Re: Question for Lawyers or Anyone "In the Know"
Posted: July 8th, 2011, 10:45 pm
by Lavabe
ArkieDukie wrote:lawgrad91 wrote:Yes.
It is settled in the law that you take your victims as you find them. Your victim may be allergic to a poison and die, and the "I was just trying to make him sick" is no defense, either criminally or civilly.
In Virginia, poisoning to the point of illness can get a defendant 20 years. Not sure what the law is in other states, but I'm guessing the potential sentence isn't any fun.
Does this same policy apply if someone were to make special Ex-Lax brownies for someone whose name rhymes with pinion?
NOTE: Ex-Lax, in CrazieTalk net-speak, is usually reserved for discussion of someone who drives a Tesla with a BimbHo.
;)
Re: Question for Lawyers or Anyone "In the Know"
Posted: July 8th, 2011, 10:52 pm
by CameronBornAndBred
Lavabe wrote:ArkieDukie wrote:lawgrad91 wrote:Yes.
It is settled in the law that you take your victims as you find them. Your victim may be allergic to a poison and die, and the "I was just trying to make him sick" is no defense, either criminally or civilly.
In Virginia, poisoning to the point of illness can get a defendant 20 years. Not sure what the law is in other states, but I'm guessing the potential sentence isn't any fun.
Does this same policy apply if someone were to make special Ex-Lax brownies for someone whose name rhymes with pinion?
NOTE: Ex-Lax, in CrazieTalk net-speak, is usually reserved for discussion of someone who drives a Tesla with a BimbHo.
;)
Re: Question for Lawyers or Anyone "In the Know"
Posted: July 8th, 2011, 11:12 pm
by lawgrad91
It would take a large pan to make a brownie out of THAT Ex-Lax.
Re: Question for Lawyers or Anyone "In the Know"
Posted: July 9th, 2011, 7:20 am
by ArkieDukie
Re: Question for Lawyers or Anyone "In the Know"
Posted: July 9th, 2011, 8:55 am
by captmojo
On another matter...
If a group of college-aged kids came onto your property out in the wilderness, partied hard, shot guns, camped out, left a smoldering campfire/trash/beer cans/full beers/wine bottles, etc., after being informed on the day of their arrival that our rules are as follows...
1) Do nothing that causes harm to anyone else!
2) Strictly follow the regulations of the property owners
3) There is no rule number 3
4) Have lots of fun in our natural surroundings
5) Leave behind
ABSOLUTELY nothing behind except your footprints!
rule #5 is of extreme importance to the property owners and long-time visitors
...could I really be held responsible for shooting at them????????????????
Re: Question for Lawyers or Anyone "In the Know"
Posted: July 9th, 2011, 9:02 am
by captmojo
Oh, Oh!
Last weekend, was this group's second offense!
They departed before hearing my scolding. I have to get back up to turn them away, should they return for round three, tonight. Weather forecasts have improved, therefore I believe the chances are good they'll be back. Well, they don't have to go home...but they can't stay up here!
Can I shoot'em?
Re: Question for Lawyers or Anyone "In the Know"
Posted: July 9th, 2011, 9:10 am
by ArkieDukie
captmojo wrote:Oh, Oh!
Last weekend, was this group's second offense!
They departed before hearing my scolding. I have to get back up to turn them away, should they return for round three, tonight. Weather forecasts have improved, therefore I believe the chances are good they'll be back. Well, they don't have to go home...but they can't stay up here!
Can I shoot'em?
Maybe you can make them a special gift of chocolate laxative brownies.
Re: Question for Lawyers or Anyone "In the Know"
Posted: July 9th, 2011, 9:16 am
by captmojo
Re: Question for Lawyers or Anyone "In the Know"
Posted: July 9th, 2011, 9:44 am
by Ima Facultiwyfe
The OP's standard solution to anyone posing a problem has
always been, "Line 'em up and shoot 'em!" I'm certain he's in your camp on this one!
Love, Ima
Re: Question for Lawyers or Anyone "In the Know"
Posted: July 9th, 2011, 11:04 am
by CameronBornAndBred
When they show up tonight, greet them with a box of Hefty bags. Then shoot them.
Re: Question for Lawyers or Anyone "In the Know"
Posted: July 9th, 2011, 3:53 pm
by captmojo
We keep a box on the driveway, free for the taking.
I'd like to find where they live and deliver their discards back to them.
Hope I won't have to call the Sheriff's office.