Did
you know the laws are different in different states? You probably did. You have probably heard that marijuana has
been decriminalized in sixteen (16) states and in Washington DC. Which would tip you off to the autonomy of
state legislature. And you probably know
that lawyers have to pass a state bar, and that they can only practice law in
the states where they are admitted to practice.
Try
asking a lawyer about the laws of another state where they are not authorized
to practice. Watch them get nervous as
hell – it’s hilarious.
A
lawyer can be going on and on, blathering about a certain law in Kentucky, like
they are the world’s foremost expert.
Then ask, “Doesn’t Indiana have an exception to that law?” And watch them backstroke quicker than
Michael Phelps. “Uh, no – I don’t know
that. I’m not licensed to practice
there. I don’t know anything about any
of Indiana law. Don’t consider any of
this to be legal advice.” Because
lawyers are terrified of malpractice.
It’s
important to know the laws of your state, and to know your rights. But if lawyers don’t even know the laws of
different states, how can one be expected to know and abide by the laws of
another state when visiting? Why should
a person from Kentucky be held accountable for knowing the laws of Florida when
they visit the beach, for example? I don’t
have an answer to that question. I’m
just asking.
All
I know is this: Don’t pee on anybody in
Indiana.
Here’s
a great example of how the laws are different in different states. Apparently, in Indiana, peeing on other
people happens frequently enough that the state had to make a specific law
against urinating on your sister. Per WLKY:
A southern
Indiana man was arrested and accused of beating and terrorizing his sister for
hours, during a methamphetamine-induced rage.
The
accused attacker, 37-year old Randall Bracey, will now be out of jail in about
two months…
…In February
2011, in the 300 block of Maple Drive in Charlestown, police charged Bracey in
connection with assaulting his sister for nearly six hours with a handgun in
her bathroom in a meth-induced rage. Police
said he then urinated on her…
…After
being charged with attempted murder and battery
with body waste, prosecutors said the victim saved him from possible
decades in prison.
"He's
wonderful, he's my brother," said the victim's sister, Victoria Wimp. [boldness added for emphasis]
See, little sis!? The stuff I did to terrorize you when we were
kids wasn’t that bad, was it?
In Kentucky, we don’t have a charge
for peeing on your sister. We don’t even
have a charge called “Battery with Bodily Waste.” Let’s briefly run through the Assault charges
and related offenses, to see if we can fit it into another charge.
508.030 Assault in the fourth degree.
(1) A person is
guilty of assault in the fourth degree when:
(a) He
intentionally or wantonly causes physical injury to another person; or
(b) With
recklessness he causes physical injury to another person by means of a deadly
weapon or a dangerous instrument.
(2) Assault in
the fourth degree is a Class A misdemeanor.
Peeing
on your sister is not Assault, assuming it causes no injury.
508.070 Wanton endangerment in the second degree.
(1) A person is
guilty of wanton endangerment in the second degree when he wantonly engages in
conduct which creates a substantial danger of physical injury to another person.
(2) Wanton
endangerment in the second degree is a Class A misdemeanor.
Peeing
on your sister is not Wanton Endangerment, because there has to be a danger of
physical injury. Again, I’m assuming you
aren’t peeing on someone in a manner which could possibly cause physical
injury.
508.050 Menacing.
(1) A person is
guilty of menacing when he intentionally places another person in reasonable
apprehension of imminent physical injury.
(2) Menacing is
a Class B misdemeanor.
Doesn’t
look like it fits into the category of “Menacing” because, again, no injury.
508.080 Terroristic threatening in the third degree.
(1) Except as
provided in KRS 508.075 or 508.078, a person is guilty of terroristic threatening
in the third degree when:
(a) He threatens
to commit any crime likely to result in death or serious physical injury to
another person or likely to result in substantial property damage to another
person; or
(b) He
intentionally makes false statements for the purpose of causing evacuation of a
building, place of assembly, or facility of public transportation.
(2) Terroristic
threatening in the third degree is a Class A misdemeanor.
I’m
detecting a theme here. It looks like most
of the Kentucky laws on Assault and related charges require an element of
physical injury or the likelihood thereof.
For that reason, it doesn’t fall in Terroristic Threatening, either.*
508.100 Criminal abuse in the first degree.
(1) A person is
guilty of criminal abuse in the first degree when he intentionally abuses another
person or permits another person of whom he has actual custody to be abused and
thereby:
(a) Causes
serious physical injury; or
(b) Places him
in a situation that may cause him serious physical injury; or
(c) Causes
torture, cruel confinement or cruel punishment; to a person twelve (12) years
of age or less, or who is physically helpless or mentally helpless.
(2) Criminal
abuse in the first degree is a Class C felony.
To
tell you the truth, I was confident that peeing on your sister would not fall
into any of the other categories of assault or related offenses, because of the
injury requirement. But I had forgotten
the exact language of the criminal abuse statute, because people simply aren’t
charged with it very often.
So
I had no idea whether it would fit under Criminal Abuse. But apparently it might, depending on the
circumstances. It looks like when we get
to subsection (1)(c) in KRS 508.120, that we can adjust our fact pattern to
fit. If you have “actual custody” of
your little sister, and you pee on her, and she is under twelve (12) years old,
OR is physically or mentally helpless, AND a jury determines that to be “torture”
or “cruel punishment” you could be found guilty of Criminal Abuse. Criminal Abuse in the 1st degree is a Class C
Felony, which carries a punishment of 5-10 years (obviously, pretty serious
stuff).
If,
while peeing on your sister, you were in some sort of very intoxicated state**,
and your lawyer was able to argue intoxication as a defense to the mental
state, you could possibly be found guilty of a lesser form of Criminal Abuse,
either a Class D Felony OR a Class A Misdemeanor.
What
about urinating on your sister if she is over twelve (12) and of sound mind and
body? If it’s a crime in Kentucky, I
haven’t found a subsection under which they could charge you. If anybody out there knows more than I about
the subject, please fill me in.
If
you have been charged with Assault or any assault related charge in Louisville,
Lexington, Frankfort, Elizabethtown, or the surrounding areas, you should call
an experienced Louisville Assault Lawyer Greg Simms today.
Call 502.618.4949 for a free consultation.
*I know I’m supposed to
use the word “or” after I use the word “either.” I just don’t care. I’m a grown man. Don’t tell me what to do.
**See also: meth
induced rage
If a person knowingly carries a deadly disease transmittable by urine and passes said water onto or into a vulnerable orafice or wound of his sister...perhaps that act might fall under some statute?
ReplyDeleteGiven those extreme circumstances, and law enforcement's propensity to charge a suspect with the highest possible level of crime, I would venture to guess that the urinator would be charged with attempted murder.
ReplyDeletePersonally, I am disappointed and disgusted with the author of this article! A simple 2 minute search of Kentucky felony crimes and penalties plainly states that a class c felony carries a possible prison term of only 5 - 10 years with no exception of any type of crime add long as it falls within class C felony range according to KRS(kentucky revised statute):Class C Felony
ReplyDeleteA conviction for a Class C felony can result in a prison term of five to ten years. (Ky. Rev. Stat. Ann. §§ 532.020, 532.060.) Theft of property worth $10,000 or more is a Class C felony in Kentucky.
As a class C convicted felon (assault II), I know first hand the potential penalties of being class C felony concoctions. When publishing information of such a critical nature for people to form opinions and/or decisions on that could possibly affect the Reader's life to whatever end, the author should make sure the correct information is published. In addition to the affect incorrect information could have on the people living under false pretenses, the validity and credibility of the author and publishers also come into question. Based on what I've read in this article, I wouldn't believe the author of he/she were standing next to me and said the sky above our heads was blue. Get your facts right or keep your mouth shut and stop playing games with other people's lives
I'm not sure why you're so disgusted, but you're correct. I fixed the typo.
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