Will he be convicted?

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[ARCHIVED THREAD] - Will he be convicted?

Posted: 8/16/2005 10:54:16 AM EDT

www.thesmokinggun.com/archive/0816051texas1.html

That Sheriff needs to get off his ass and remove that bitch NOW!

Posted: 8/16/2005 10:56:58 AM EDT

[#1]

I hope criminal mischeif in Texas is the same as farting in public in KA. A minor misdermeanor.

Someone find the legal defense fund for this guy, Im in!

Sec. 28.03. CRIMINAL MISCHIEF. (a) A person commits an offense if, without the effective consent of the owner:
~ ~ (1) he intentionally or knowingly damages or destroys the tangible property of the owner;
~ ~ (2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or
~ ~ (3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.
~ (b) Except as provided by Subsection (f), an offense under this section is:
~ ~ (1) a Class C misdemeanor if:
~ ~ ~ (A) [amended 9/1/97] the amount of pecuniary loss is less than $50; or
~ ~ ~ (B) except as provided in Subdivision (3)(B), it causes substantial inconvenience to others;
~ ~ (2) [amended 9/1/97] a Class B misdemeanor if the amount of pecuniary loss is $50 or more but less than $500;
~ ~ (3) a Class A misdemeanor if the amount of pecuniary loss is:
~ ~ ~ (A) $500 or more but less than $1,500; or
~ ~ ~ (B) less than $1,500 and the actor causes in whole or in part impairment or interruption of public communications, public transportation, public water, gas, or power supply, or other public service, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public communications, public water, gas, or power supply;
~ ~ (4) [amended 9/1/97] a state jail felony if the amount of pecuniary loss is:
~ ~ ~ (A) $1,500 or more but less than $20,000; or
~ ~ ~ (B) less than $1,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon;
~ ~ (5) a felony of the third degree if the amount of the pecuniary loss is $20,000 or more but less than $100,000;
~ ~ (6) a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or
~ ~ (7) a felony of the first degree if the amount of pecuniary loss is $200,000 or more.
~ (c) For the purposes of this section, it shall be presumed that a person who is receiving the economic benefit of public communications, public water, gas, or power supply, has knowingly tampered with the tangible property of the owner if the communication or supply has been:
~ ~ (1) diverted from passing through a metering device; or
~ ~ (2) prevented from being correctly registered by a metering device; or
~ ~ (3) activated by any device installed to obtain public communications, public water, gas, or power supply without a metering device.
~ (d) [amended 9/1/95] The term "public communication, public transportation, public water, gas, or power supply, or other public service" shall mean, refer to, and include any such services subject to regulation by the Public Utility Commission of Texas, the Railroad Commission of Texas, or the Texas Natural Resource Conservation Commission or any such services enfranchised by the State of Texas or any political subdivision thereof.
~ (e) When more than one item of tangible property, belonging to one or more owners, is damaged, destroyed, or tampered with in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the damage to, destruction of, or tampering with the property may be aggregated in determining the grade of the offense.
~ (f) An offense under this section is a state jail felony if the damage or destruction is inflicted on a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs and the amount of the pecuniary loss to real property or to tangible personal property is less than $20,000.
~ (g) [added 9/1/97] For the purposes of this section, "firearm" and "explosive weapon" have the meanings assigned those terms by Section 46.01.

Eff 9/1/97 in -- changed from "$20" to "$50". Before 9/1/97 (a)(4) provided:

~ ~ (4) a state jail felony if the amount of pecuniary loss is $1,500 or more but less than $20,000;

Before 9/1/95 (d) provided:

IF they can get this one to stick, he is fukt. Even if not, the soccer moms will claim the crosses are $2000 each.

Posted: 8/16/2005 10:59:12 AM EDT

[#2]

I'll bet they take his CCW away. Probably try to charge him with a "hate crime."

Posted: 8/16/2005 11:00:23 AM EDT

[#3]

Is she trespassing or something?

If not then she has every right to protest. I think she is an idiot, but she has the right to be an idiot.

Posted: 8/16/2005 11:02:28 AM EDT

[#4]

Is she trespassing or something?

If not then she has every right to protest. I think she is an idiot, but she has the right to be an idiot.

I would say yes. You can't set up shop on a public roadside and do whatever the fuck you want.

Posted: 8/16/2005 11:03:29 AM EDT

[#5]

How is it Criminal Mischief when Sheehan and her fellow squatters are treaspassing and erecting the crosses on property that doesn't belong to them?

Posted: 8/16/2005 11:04:37 AM EDT

[#6]

She's on public land (side of road and easement).
City may evict her, but a neighbor is offering to let her use his property to continue her Jihad.

Posted: 8/16/2005 11:06:42 AM EDT

[#7]

Quoted:
Is she trespassing or something?

If not then she has every right to protest. I think she is an idiot, but she has the right to be an idiot.

You might think different if you had a bunch of liberals parked on the side of the road in front of your house.

Posted: 8/16/2005 11:06:59 AM EDT

[#8]

I believe in Texas, there is a law against putting up those crosses.

People like to put them where fatal accidents have occured, and they are becoming distractions so they "banned" it.

She may technicallly be breaking the law, and he could have been trying to rake them all up and clean up the roadside.

Posted: 8/16/2005 11:09:53 AM EDT

[#9]

Whose land is it?

Rick

Posted: 8/16/2005 11:12:04 AM EDT

[#10]

Quoted:
I hope criminal mischeif in Texas is the same as farting in public in KA. A minor misdermeanor.

Someone find the legal defense fund for this guy, Im in!

Sec. 28.03. CRIMINAL MISCHIEF. (a) A person commits an offense if, without the effective consent of the owner:
~ ~ (1) he intentionally or knowingly damages or destroys the tangible property of the owner;
~ ~ (2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or
~ ~ (3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.
~ (b) Except as provided by Subsection (f), an offense under this section is:
~ ~ (1) a Class C misdemeanor if:
~ ~ ~ (A) [amended 9/1/97] the amount of pecuniary loss is less than $50; or
~ ~ ~ (B) except as provided in Subdivision (3)(B), it causes substantial inconvenience to others;
~ ~ (2) [amended 9/1/97] a Class B misdemeanor if the amount of pecuniary loss is $50 or more but less than $500;
~ ~ (3) a Class A misdemeanor if the amount of pecuniary loss is:
~ ~ ~ (A) $500 or more but less than $1,500; or
~ ~ ~ (B) less than $1,500 and the actor causes in whole or in part impairment or interruption of public communications, public transportation, public water, gas, or power supply, or other public service, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public communications, public water, gas, or power supply;
~ ~ (4) [amended 9/1/97] a state jail felony if the amount of pecuniary loss is:
~ ~ ~ (A) $1,500 or more but less than $20,000; or
~ ~ ~ (B) less than $1,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon;
~ ~ (5) a felony of the third degree if the amount of the pecuniary loss is $20,000 or more but less than $100,000;
~ ~ (6) a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or
~ ~ (7) a felony of the first degree if the amount of pecuniary loss is $200,000 or more.
~ (c) For the purposes of this section, it shall be presumed that a person who is receiving the economic benefit of public communications, public water, gas, or power supply, has knowingly tampered with the tangible property of the owner if the communication or supply has been:
~ ~ (1) diverted from passing through a metering device; or
~ ~ (2) prevented from being correctly registered by a metering device; or
~ ~ (3) activated by any device installed to obtain public communications, public water, gas, or power supply without a metering device.
~ (d) [amended 9/1/95] The term "public communication, public transportation, public water, gas, or power supply, or other public service" shall mean, refer to, and include any such services subject to regulation by the Public Utility Commission of Texas, the Railroad Commission of Texas, or the Texas Natural Resource Conservation Commission or any such services enfranchised by the State of Texas or any political subdivision thereof.
~ (e) When more than one item of tangible property, belonging to one or more owners, is damaged, destroyed, or tampered with in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the damage to, destruction of, or tampering with the property may be aggregated in determining the grade of the offense.
~ (f) An offense under this section is a state jail felony if the damage or destruction is inflicted on a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs and the amount of the pecuniary loss to real property or to tangible personal property is less than $20,000.
~ (g) [added 9/1/97] For the purposes of this section, "firearm" and "explosive weapon" have the meanings assigned those terms by Section 46.01.

Eff 9/1/97 in -- changed from "$20" to "$50". Before 9/1/97 (a)(4) provided:

~ ~ (4) a state jail felony if the amount of pecuniary loss is $1,500 or more but less than $20,000;

Before 9/1/95 (d) provided:

IF they can get this one to stick, he is fukt. Even if not, the soccer moms will claim the crosses are $2000 each.

It is not a church nor a burial ground so it doesn't count. That's for established places such as a church, synogouge, temple, or mosque or any place that someone has actually been buried. Protestors signs don't count.