When the whole Aqua Teen Hunger Force fracas erupted last week, I figured - just on a gut level - that the authorities were overreacting by charging the two guys involved in putting up the displays for placing a hoax device. Today over at FindLaw, Scott Moss comes to the same conclusion after a more detailed look at the statute in question:
The criminal law the prosecutors cite declares it a felony to'"place any hoax device ... with the intent to cause anxiety, unrest, fear or personal discomfort to any person.' It defines 'hoax device' as one 'that would cause a person reasonably to believe … [it] is an infernal machine[,] ... [a] device for endangering life or doing unusual damage to property, or both, by fire or explosion....'Moss concludes, quite reasonably, that the state is going to have no chance of proving intent in this case.
In other words, the prosecutors have to prove beyond a reasonable doubt that the defendants -- two guys hired by marketers for a cartoon show -- actually intended to create a bomb scare by putting up those light boards. The prosecutors also have to prove that reasonable people would've thought the light boards were bombs.
On the other hand, how can you not like a statute that talks about "infernal machines?"
1 comment:
Glad you agree! -Scott
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