It seems to me that scientific studies based on millions of dollars worth of state of the art observational instruments and thousands of man/woman hours - is very much a form of real property. Intellectual property to use the specific legal term. This intellectual property exists within a well defined legal code and system.
I've been told "Rights" aren't given, they are demanded and struggled for. When will we struggle for We The People's right to learn what scientists are saying without vandalism and the interference of the malicious poison of tactical lies and fabricated personal attacks?
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Considering Criminal Mischief
Criminal mischief is a crime governed by state laws, which vary by state. It generally involves any damage, defacing, alteration, or destruction of tangible property with criminal intent.
The following is an example of a state law governing criminal mischief:
Criminal mischief in the fourth degree.
A person is guilty of criminal mischief in the fourth degree when, having no right to do so nor any reasonable ground to believe that he has such right, he:
- Intentionally damages property of another person; or
- Intentionally participates in the destruction of an abandoned building as defined in section one thousand nine hundred seventy-one-a of the real property actions and proceedings law; or
- Recklessly damages property of another person in an amount exceeding two hundred fifty dollars.
Criminal mischief in the fourth degree is a class A misdemeanor.
S 145.05 Criminal mischief in the third degree.
A person is guilty of criminal mischief in the third degree when, with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person in an amount exceeding two hundred fifty dollars.
Criminal mischief in the third degree is a class E felony.
S 145.10 Criminal mischief in the second degree.
A person is guilty of criminal mischief in the second degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person in an amount exceeding one thousand five hundred dollars.
Criminal mischief in the second degree is a class D felony.
S 145.12 Criminal mischief in the first degree.
A person is guilty of criminal mischief in the first degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person by means of an explosive.
Criminal mischief in the first degree is a class B felony.
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Misdemeanor and Felony Criminal Mischief
Criminal Mischief (18-4-501)
A person who knowingly damages the real or personal property of one or more other persons, including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode commits a class 2 misdemeanor where the aggregate damage to the real or personal property is less than five hundred dollars. Where the aggregate damage to the real or personal property is five hundred dollars or more but less than one thousand dollars, the person commits a class 1 misdemeanor. Where the aggregate damage to the real or personal property is one thousand dollars or more but less than twenty thousand dollars, the person commits a class 4 felony. Where the aggregate damage to the real or personal property is twenty thousand dollars or more, the person commits a class 3 felony.
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45-6-101.
(a) injures, damages, or destroys any property of another or public property without consent;
(b) without consent tampers with property of another or public property so as to endanger or interfere with persons or property or its use;
(c) damages or destroys property with the purpose to defraud an insurer; or
(d) fails to close a gate previously unopened that the person has opened, leading in or out of any enclosed premises. This does not apply to gates located in cities or towns. ...
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What Counts as Criminal Mischief?
By Daniel Taylor, Esq. on February 5, 2015
Although many criminal charges are very specific, others, such as criminal mischief, can encompass a wide variety of criminal behavior.
Criminal mischief generally includes what is commonly known as vandalism, dealing mainly with crimes committed against property such as defacing someone's building with graffiti or breaking the windows of a business. Although vandalism may be included under state criminal statutes forbidding "criminal damage" or "malicious trespass," in many states, vandalism may be charged as criminal mischief.
What typically counts as criminal mischief? Here are a few examples of criminal mischief laws in different states:
- Texas. Under the Texas Penal Code, criminal mischief includes knowingly damaging or destroying another person's property or tampering with the property of a person if that tampering causes loss or substantial inconvenience to the owner or another individual. Texas' criminal mischief statute also forbids intentionally or knowingly making markings "including inscriptions, slogans, drawings, or paintings" on another person's property. In Texas, criminal mischief is a felony if it causes a loss of more than $1,500 or involves fencing used for livestock or game animals.
- Alabama. Under Alabama law, criminal mischief is considered intentionally inflicting damage to property, when you have no right (or reasonable grounds to believe that you have a right) to do so. Criminal mischief is a felony in Alabama if the damages exceed $2,500 or are inflicted by means of an explosion. Otherwise, criminal mischief is either a Class A or Class B misdemeanor.
- New York. New York also charges criminal mischief as a felony when a person intentionally damages another person's property (without right or reasonable grounds to believe he has a right) in an amount exceeding $1,500 or by means of an explosion. Misdemeanor criminal mischief in New York includes a number of different acts such as breaking into a locked vehicle to steal property or intentionally participating in the destruction of an abandoned building.
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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 Subsections (f) and (h), an offense under this section is:
(1) a Class C misdemeanor if:
(A) the amount of pecuniary loss is less than $100; or
(B) except as provided in Subdivision (3)(A) or (3)(B), it causes substantial inconvenience to others;
(2) a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750;
(3) a Class A misdemeanor if:
(A) the amount of pecuniary loss is $750 or more but less than $2,500; or
(B) the actor causes in whole or in part impairment or interruption of any public water supply, 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 water supply, regardless of the amount of the pecuniary loss;
(4) a state jail felony if the amount of pecuniary loss is:
(A) $2,500 or more but less than $30,000;
(B) less than $2,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon;
(C) less than $2,500, if the property was a fence used for the production or containment of:
(i) cattle, bison, horses, sheep, swine, goats, exotic livestock, or exotic poultry; or
(ii) game animals as that term is defined by Section 63.001, Parks and Wildlife Code; or
(D) less than $30,000 and the actor causes wholly or partly impairment or interruption of public communications, public transportation, public gas or power supply, or other public service, or causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas or power supply;
(5) a felony of the third degree if the amount of the pecuniary loss is $30,000 or more but less than $150,000;
(6) a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less than $300,000; or
(7) a felony of the first degree if the amount of pecuniary loss is $300,000 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) The terms "public communication, public transportation, public gas or power supply, or other public service" and "public water supply" 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.
{Where can we fit the public's right to honestly learn what scientists are learning - this doesn't end debate - But it would stifle malicious dishonest debate}
(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 $750 or more but less than $30,000.
{What about protecting our institutes of higher learning a scientific investigation from malicious misrepresentation and calculated slander?}
(g) In this section:
(1) "Explosive weapon" means any explosive or incendiary device that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes:
(A) an explosive or incendiary bomb, grenade, rocket, and mine;
(B) a device designed, made, or adapted for delivering or shooting an explosive weapon; and
(C) a device designed, made, or adapted to start a fire in a time-delayed manner.
(2) "Firearm" has the meaning assigned by Section 46.01.
(3) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.
(4) "Aluminum wiring" means insulated or noninsulated wire or cable that consists of at least 50 percent aluminum, including any tubing or conduit attached to the wire or cable.
(5) "Bronze wiring" means insulated or noninsulated wire or cable that consists of at least 50 percent bronze, including any tubing or conduit attached to the wire or cable.
(6) "Copper wiring" means insulated or noninsulated wire or cable that consists of at least 50 percent copper, including any tubing or conduit attached to the wire or cable.
(7) "Transportation communications equipment" means:
(A) an official traffic-control device, railroad sign or signal, or traffic-control signal, as those terms are defined by Section 541.304, Transportation Code; or
(B) a sign, signal, or device erected by a railroad, public body, or public officer to direct the movement of a railroad train, as defined by Section 541.202, Transportation Code.
(8) "Transportation communications device" means any item attached to transportation communications equipment, including aluminum wiring, bronze wiring, and copper wiring.
(h) An offense under this section is a state jail felony if the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000 and the damage or destruction is inflicted on a public or private elementary school, secondary school, or institution of higher education.
(i) Notwithstanding Subsection (b), an offense under this section is a felony of the first degree if the property is livestock and the damage is caused by introducing bovine spongiform encephalopathy, commonly known as mad cow disease, or a disease described by Section 161.041(a), Agriculture Code. In this subsection, "livestock" has the meaning assigned by Section 161.001, Agriculture Code.
(j) Notwithstanding Subsection (b), an offense under this section is a felony of the third degree if:
(1) the tangible property damaged, destroyed, or tampered with is transportation communications equipment or a transportation communications device; and
(2) the amount of the pecuniary loss to the tangible property is less than $150,000.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1981, 67th Leg., p. 66, ch. 29, Sec. 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 2917, ch. 497, Sec. 1, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 352, Sec. 1, eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 559, Sec. 1, eff. June 14, 1989; Acts 1989, 71st Leg., ch. 1253, Sec. 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., 1st C.S., ch. 42, Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 76, Sec. 11.280, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1083, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 686, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 747, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 976, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1280, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 690 (H.B. 1767), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 690 (H.B. 1767), Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 638 (H.B. 1614), Sec. 1, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 5, eff. September 1, 2015.
Sec. 28.04. RECKLESS DAMAGE OR DESTRUCTION. (a) A person commits an offense if, without the effective consent of the owner, he recklessly damages or destroys property of the owner.
(b) An offense under this section is a Class C misdemeanor.
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Eisenhower Farewell Address
8:20 - In the counsels of government we must guard against the acquisition of unwarranted influence whether sought or unsought by the military industrial complex. The potential for the disastrous rise of misplaced power exists, and will persist.
We must never let the weight of this combination endanger our liberties or democratic processes. We should take nothing for granted, only an alert and knowledgeable citizenry can compel the proper meshing of the huge industrial and military machinery of defense with our peaceful methods and goals. So that security and liberty may prosper together.
9:10 - the technological revolution, research, universities and government...
10:21 - ... Federal employment project allocations and the power of money is ever-present and is gravely to be regarded. Yet in holding scientific research and discovery in respect, as we should, we must also be alert to the equal and opposite danger that public policy could itself become the captive of a scientific technological elite. ...
10:45 - It's the task of statesmanship to mold to balance and to integrate these and other forces new and old within the principles of our democratic system. Ever aiming toward the supreme goals of our free society...
11:10 - As we peer into society's future, You and I and our government must avoid the impulse to live only for today plundering for our own ease and convenience the precious resources of tomorrow. We cannot mortgage the material assets of our grandchildren without risking the loss also of their political and spiritual heritage.
We want democracy to survive for all generations to come not to become the insolvent phantom of tomorrow. ...
Is misinformation about the climate criminally negligent?
Lawrence Torcello | March 13, 2014 | The Conversation
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Exxon’s Climate Concealment
By Naomi Oreskes | OCT. 9, 2015
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"Exxon’s Climate Concealment"… So what?
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Pssst, pass it: 350.org "Petition to call on the Dept of Justice to investigate ExxonMobil"
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Considering the two species of debate.
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2 comments:
I believe that what you have to say is complete rubbish.
Do I want you prosecuted? No. You should be free to say whatever you want.
You want to stifle debate. People who try to stifle debate are usually just scared to have their ideas stand up to scrutiny. What are you scared of Peter?
You misunderstand.
I want people to stop thinking they have the right to maliciously lie about what scientific studies have been telling us.
Those are two very different things.
Other's seem to think the truth means nothing - I'll stick with those Americans for whom Honest and Respect are important.
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