 |
|
|
Sat Oct 24, 2009 11:24 am |
|
|
Upon reading a certain page in a certain webcomic, Nighty has come up with a question.
Let's say someone has a chocolate allergy. You throw a chocolate muffin at the guy. Could that be passed off as "assault with a deadly weapon"? 
While we're at it, let's talk about ways you can make today's laws, written by guys that wore ties and suits and everything, be silly.
_________________
 
|
 |
|
|
|
|
|
|
Sat Oct 24, 2009 1:33 pm |
|
|
I think intent would have to come into play here. Does the thrower know about the allergy? Is the allergy so severe that mere contact with chocolate will cause a reaction? Did the muffin hit the intended victim?
Assault is putting a person in fear for their physical safety. Battery is touching a person against their will.
Depending on the knowledge of the muffin thrower, you might just be able to pull something like that off.
_________________
|
|
|
|
|
|
|
|
|
Sun Oct 25, 2009 9:03 pm |
|
|
To be honest, I think it would be prosecutable.
1. Person A was assaulted by Person B
2. Person A could have required immediate medical attention
3. Person A could have experienced severe trauma and distress resulting directly from the attack.
So yeah, in a nutshell, that could end up in trial. Some people would have a laugh, some would take it seriously, and some might even make it their platform in the next election. Is it absurd? Beyond, but it could still end up in court.
_________________
Please, please, pretty please?
http://www.zantarni.com/pets/index.php?owner=143796
|
|
|
|
|
|
|
 Dedicated Citizen
|
Sun Oct 25, 2009 9:25 pm |
|
|
|
|
|
|
|
Mon Oct 26, 2009 1:50 am |
|
|
Try something a little less deadly than muffins, perhaps.
_________________
 
|
|
|
|
|
|
|
|
|
Mon Oct 26, 2009 2:56 am |
|
|
Hmm. I doubt it, unless of course you knew they had an allergy to chocolate and said allergy was in fact deadly. I really doubt that any charges could be brought on that.
_________________
14 of 224 Snowflakes
|
|
|
|
|
|
|
|
|
Mon Oct 26, 2009 4:48 am |
|
|
I'm actually technically allergic to chocolate.
>_>
Not only do I highly dislike it (yes, very un-girlish-like, I know), but it also makes me sick to the point of throwing up.
So, yeah.
_________________
|
|
|
|
|
|
|
|
|
Tue Oct 27, 2009 6:41 pm |
|
|
Well, yeah if you throw it!
Unless the person didn't know the other was allergic to chocolate, I'd say it's definitely an assault. Although, unless they were deathly allergic to chocolate then I'm not so sure it could be considered a deadly weapon. A weapon yes, deadly maybe not.
_________________
|
|
|
|
|
|
|
 Defender of the Realm
|
Tue Oct 27, 2009 6:56 pm |
|
|
I think it might also depend on who made the muffin...if it was made by someone like me, it would definitely be a deadly weapon as it would be like throwing a piece of concrete....
I do think it would be assault, but not with a deadly weapon, unless the thrower knows of the allergy and intentionally tried to do them harm....
Now if it was a food fight....all bets are off.
_________________
 
|
|
|
|
|
|
|
|
|
Wed Dec 02, 2009 9:27 pm |
|
|
If ever I can, I'll take that question to a lawyer and see what he says. Then I'll get back to you on this one.
_________________
 
|
|
|
|
|
|
|
|
|
Wed Dec 02, 2009 9:59 pm |
|
|
hummm that accually sounds tempting to do lol. humm.. i dont think it would be considered assult with deadly weapoin... but u might be charged with ~echoing deep voise ~*accessive bloating of the face and bottom area lol!!!
_________________
|
|
|
|
|
|
|
|
|
Sun May 16, 2010 3:29 am |
|
|
It depends on many things. Does the attacker know about the allergy and how severe is the allergy.
lets pretend the attacker knows how sever it is. If its mild... it can be treated like any simple attack. It would be assault maybe.
If the allergy is bad enough that it can endanger or kill someone, that is very serious. If the victim lives, the attacker would be charged with attempted murder. If the victim dies, its a homicide.
_________________
I can dream, right?
|
|
|
|
|
|
|
|
|
Wed Jun 16, 2010 8:58 pm |
|
|
One time I chased down a guy with a peanut allergy with a peanut  It was fun... if mean. I bet that could be construed as attempted murder more than assult with a deadly weapon.
|
|
|
|
|
|
|
|
|
Fri Jun 18, 2010 3:32 pm |
|
|
| Shawnia wrote: |
It depends on many things. Does the attacker know about the allergy and how severe is the allergy.
lets pretend the attacker knows how sever it is. If its mild... it can be treated like any simple attack. It would be assault maybe.
If the allergy is bad enough that it can endanger or kill someone, that is very serious. If the victim lives, the attacker would be charged with attempted murder. If the victim dies, its a homicide. |
BWHAHAHAHAHA
That'd look GREAT in jail!
| Code: |
prisoner 3:so, new guy, what are you in for?
prisoner 1: homocide
prisoner 2: cool. what'd you do?
prisoner 1: i killed a man with a chocolate muffin.
prisoners 2 and 3: HOLY CRAP NINJA!!! |
_________________
|
|
|
|
|
|
|
|
|
Fri Jun 18, 2010 5:04 pm |
|
|
 Prisoner 2 and 3 now want to be prisoner 1's Bi...UDDY
|
|
|
|
|
|
|
|
