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dhogaza



Posts: 522
Joined: Feb. 2006

(Permalink) Posted: July 12 2008,13:31   

The taking of property "under false pretenses", as Dr. GH put it, *might* be a crime.  Typically this falls under the category of "fraud", which frequently is a civil offense.  Depending on where you live, the classification might depend on the value of the property thereby attained.  

Dr. GH's example demonstrates that taking the host if you're not a catholic in good standing is a violation of Church law.  No quibble there.

But I'll continue to take Dr. GH's claim to legal expertise with a large grain of salt in light of the following:

Quote
Threats are assault.

Not in my state.  Note the repetitive use of the phrase "physical injury" and the notable lack of reference to "threat":

163.160 - Assault in the fourth degree
(1) A person commits the crime of assault in the fourth degree if the person:

(a) Intentionally, knowingly or recklessly causes physical injury to another; or

(b) With criminal negligence causes physical injury to another by means of a deadly weapon.

163.165 - Assault in the third degree
(1) A person commits the crime of assault in the third degree if the person:

(a) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon;

(b) Recklessly causes serious physical injury to another under circumstances manifesting extreme indifference to the value of human life;

© Recklessly causes physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life;

(d) Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a public transit vehicle while the operator is in control of or operating the vehicle. As used in this paragraph, "public transit vehicle" has the meaning given that term in ORS 166.116;

(e) While being aided by another person actually present, intentionally or knowingly causes physical injury to another;

(f) While committed to a youth correction facility, intentionally or knowingly causes physical injury to another knowing the other person is a staff member of a youth correction facility while the other person is acting in the course of official duty;

(g) Intentionally, knowingly or recklessly causes physical injury to an emergency medical technician or paramedic, as those terms are defined in ORS 682.025, while the technician or paramedic is performing official duties;

(h) Being at least 18 years of age, intentionally or knowingly causes physical injury to a child 10 years of age or younger;

(i) Knowing the other person is a staff member, intentionally or knowingly propels any dangerous substance at the staff member while the staff member is acting in the course of official duty or as a result of the staff member's official duties; or

(j) Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a taxi while the operator is in control of the taxi.
63.175 - Assault in the second degree
(1) A person commits the crime of assault in the second degree if the person:

(a) Intentionally or knowingly causes serious physical injury to another; or

(b) Intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon; or

© Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life.

163.185 - Assault in the first degree
(1) A person commits the crime of assault in the first degree if the person intentionally causes serious physical injury to another by means of a deadly or dangerous weapon.

Mileage in your state might vary.  And, of course, if your threat leads to a medical crisis - heart attack, etc - it may then rise to the level of assault due to the harm it has caused.

But the threat *itself* is not an assault.  Not in Oregon.

One reason why crimes like burning a cross on a lawn is deemed a hate crime is precisely *because* existing law had little deterrent effect.  You might have trespass (civil or criminal), you might have property damage in the form of a scorched lawn (civil or criminal), if the burning cross gets out of control and starts a larger fire you might even have arson (finally, something with teeth!).  The solution: make burning of a cross on a lawn itself a specific crime with a punishment that is commensurate with the racist motivation and desire to frighten and intimidate the victim that lies behind it.

  
  29999 replies since Jan. 16 2006,11:43 < Next Oldest | Next Newest >  

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