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Questions tagged [criminal-law]

For questions about laws related to crime.

78 questions with no upvoted or accepted answers
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Is our website responsible for users' offline actions?

On our website clients find models for their photo shootings, castings, promotional events, etc. A client transfers an escrow payment to us and when a model finishes the job we sent the money to the ...
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If proven, would collusion with Russia to interfere with election meet criteria for charge of treason?

If a President-elect was proven to have colluded with Foreign operatives to interfere with our presidential election, could he or she be charged with treason? What we know: TREASON. Whoever, ...
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Is it illegal to create code that causes damage to a computer system?

I'm reading about the Computer Abuse Amendments Act of 1994 and I just read: 'it is illegal to create any type of malicious code that might cause damage to a computer system.' Can someone clarify ...
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Preclusive effect of federal declaratory judgment in state court criminal proceedings

This question presumes the following circumstances: A party files for declaratory relief in federal court requesting a state statute be declared unconstitutional (facially or as-applied) but chooses ...
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Which of these scenarios is an abetment or inchoate offence

SCENARIO A: Seeing a crime being committed and deciding to not do anything (to avoid involvement or implicated) SCENARIO B: helping perpetrator of the crime someway somehow (like helping them abscond ...
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Writing a story. A criminal is on the border of a state with different drug possession laws

The character is leaning his head across state lines and getting high of an unknown substance, which isn't federally scheduled, and is legal in one state, but illegal in another. In the illegal state, ...
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Extortion, bribery or hush money?

Hypothetical: someone (Party A) hit or stole from another person (party B), and then a report was made to the police. Party A confesses to the police, but then offers money to the police detective (...
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Does NH Criminal Law RSA 627:4 II-a mean a person could legally brandish a firearm if they feel they are in imminent danger of deadly force?

Typically among most states, brandishing a firearm is not only illegal, but is frowned upon as a tactic to scare away a potentially forceful criminal since the state would deem that the person ...
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Why isn't drunken mistake distinguished, and divided into involuntary and voluntary?

Herring. Criminal Law: Text, Cases, and Materials (8 edn, 2018). pp. 679-681. Herring moots "drunken mistake" beneath marked by my red stars, but he never distinguishes between involuntary and ...
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Is it legal to create and sell a tool to modify config files for games

I've recently discovered an oversight in a popular games config file system that allows you to use an item even if you haven't yet unlocked it, this is a multiplayer game where players are expected to ...
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Being a barrier to the right of another

I am in the North Western Province of Sri Lanka. It is a racially mixed country that the people of the world know. Here I run a business in a small town. Someone runs a small restaurant next to my ...
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Providing an address list app and Privacy Policy Issues

I'm building an app which provides an avenue for users to store information on people particularly addresses and country of origin. The app will be an online service where all data are stored in our ...
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Can you record someone but not play it or use it as evidence against them, just using it for information?

Then using the recording, you can make your interpretations of it and show what you think of it to someone? It's indirectly showing someone the recording but in your own words? Country is Philippines
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What constitutes having a history of violent behavior against the person or another according to Maryland firearms law?

According to Maryland statutes, Title 5, Subtitle 2, § 5-205 (b) (6) (my emphasis), someone who suffers from a mental disorder as defined in § 10-101(i)(2) of the Health - General Article and has a ...
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Is it legal to wear human skin?

Can human skin or parts that is legally obtained be worn as jewelery or clothing in public? What about having a dehydrated body in your bar?
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What are the boundaries of when felony murder can be invoked?

Question 1: Bill sends Mary a death threat. Mary reads the mail a week later and gets so upset that she has a heart attack and dies. Has a felony murder taken place? Question 2: Can't most 2nd and ...
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Is it an error for a judge to not consider all pieces of evidence?

A prosecutor attempts to lay charges against an alleged perpetrator (in New Zealand anyone can do this under the private prosecution provisions). The judge is presented with a set of pieces of ...
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Is the sentencing opinion of a judge a strong argument for the defense in similar cases?

Background In the news recently, it has been stated that Judge Ellis gave a 47 month sentence to Paul Manafort for various financial and tax crimes. 47 months is said to be below what both the ...
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How can one fight probation revocation

A person is serving a sentence for a felony in Texas. They serve a while and are released on probation (not parole). One of the conditions of probation is that they not drink alcohol. During the ...
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What will I be charged with in Manhattan, New York?

I conspired with Daisy to steal a NYSE work badge/access card from Sanjay and Daisy replaces his badge with a fake one. I impersonate Sanjay (make my appearance like his) and sneak into the NYSE with ...
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Is there any country or state where the intellectual author of a homicide has twice or more the penalty than the physical author?

Discussing about what's worse, being the planner of a homicide or the actual killer, I found a proposal in a country for the planner to have twice the penalty of the killer. Is there any country or ...
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To what extent would a civil court defer to a criminal court (jury) decision?

To what extent does the doctrine of stare decisis bind civil courts to the decisions, especially the jury determinations, of criminal courts? If someone was convicted of an act that was both a crime ...
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108 views

In what situations is it a crime to provide an [EDIT: Image of possibly non-existent] fake or altered US gov't ID in digital form to a company

In particular, were a company to require (perhaps unreasonably) a copy of some kind of government identification, such as a Driver's License, is it illegal to produce a fake digital image of an ...
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109 views

Can a software developer/company be held liable for illegal acts done with their software?

If a software developer(s) / company creates software that can be used for hacking purposes but has "Terms of Use" that state it can not be used for an illegal activity. Can the creator(s) be held ...
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348 views

Does a defendant in a criminal misdemeanor trial have to show up for announcement?

I noticed that for speeding tickets and class C misdemeanors in our county court in Texas, the court will many times schedule an announcement repeatedly. If a defendant shows up for the announcement ...
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Does the product liability settlement law vary for online purchased products?

In this modern era, most of the products are online purchased. If the product is found defective or harmful, how can we file a product liability settlement claim? Does the process vary from normally ...
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108 views

Running from the police

If an officer pulls a car over and I get out start running, the officer ends up hurting himself, can I be charged with a felony and how much jail time if any?
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How can I, as a defendant, convince a court that an attorney is lying to deny post conviction relief?

Defendant, a non-ctizen, pleads guilty to felony. The non-citizen gets a good deal,(probation no jail time) but his attorney does not tell him that he is going to get deported for it. (The state ...