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11 yrs ago
new leg today. I AM TERMINATOR REBORN
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HeySeuss said
An appeal to the legal definition is argumentum ad populum? Give me a break. You know what that means, don't you? It means an appeal to majority's sentiments and belief. (For example; common sense.) The law is not popular sentiment and belief.If anything, the two of you insisting that it's only an assault if it results in substantial damage or that it should be governed by common sense is the argument to the masses. Pointing out that substantial damage is not a per-requisite for an assault isn't me appealing to the popular belief at all. It's me referring to the letter of the law.


You're not referring to the letter of the law. You're referring to an unreasonable interpretation of a word in the law. Police are allowed to touch people. There is nothing wrong with this conduct, and to insist otherwise -- especially in the context of a race riot -- is irresponsible.
HeySeuss said
Great, now read the specific sections that apply to that contact:


Clearly, we're not going to reach a common ground over this, so I'm stopping.
HeySeuss said
Feel free to look up some legal definitions sometime, guys. There's whole law libraries sitting online for the purpose of reference. It's not a question of damage, it's the action itself.And no, CNN reporters do not constitute hostile entities. If you think otherwise, well, I hope you never need your rights in the face of law enforcement. The guy was obeying orders even without being shoved; he was stating that he would not resist and that he would comply. That's not precisely hostile or uncooperative, despite whatever your definition of hostility is.


Yes, that's the part they turned on the cameras for. By his own admission (in the exact same video) he said he's been standing there all day, so this encounter dragged on for at least several uncooperative hours before he was gently led back, and decided to hop on the cross over it.
Assault, first degree, penalty.
565.050. 1. A person commits the crime of assault in the first degree if he attempts to kill or knowingly causes or attempts to cause serious physical injury to another person.

2. Assault in the first degree is a class B felony unless in the course thereof the actor inflicts serious physical injury on the victim in which case it is a class A felony.

Assault, second degree, penalty.
565.060. 1. A person commits the crime of assault in the second degree if he:

(1) Attempts to kill or knowingly causes or attempts to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause; or

(2) Attempts to cause or knowingly causes physical injury to another person by means of a deadly weapon or dangerous instrument; or

(3) Recklessly causes serious physical injury to another person; or

(4) While in an intoxicated condition or under the influence of controlled substances or drugs, operates a motor vehicle in this state and, when so operating, acts with criminal negligence to cause physical injury to any other person than himself; or

(5) Recklessly causes physical injury to another person by means of discharge of a firearm; or

(6) Operates a motor vehicle in violation of subsection 2 of section 304.022, and when so operating, acts with criminal negligence to cause physical injury to any person authorized to operate an emergency vehicle, as defined in section 304.022, while such person is in the performance of official duties.

2. The defendant shall have the burden of injecting the issue of influence of sudden passion arising from adequate cause under subdivision (1) of subsection 1 of this section.

3. Assault in the second degree is a class C felony.

Assault in the third degree.
565.070. 1. A person commits the crime of assault in the third degree if:

(1) The person attempts to cause or recklessly causes physical injury to another person; or

(2) With criminal negligence the person causes physical injury to another person by means of a deadly weapon; or

(3) The person purposely places another person in apprehension of immediate physical injury; or

(4) The person recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; or

(5) The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative; or

(6) The person knowingly causes physical contact with an incapacitated person, as defined in section 475.010, which a reasonable person, who is not incapacitated, would consider offensive or provocative.

2. Except as provided in subsections 3 and 4 of this section, assault in the third degree is a class A misdemeanor.

3. A person who violates the provisions of subdivision (3) or (5) of subsection 1 of this section is guilty of a class C misdemeanor.

4. A person who has pled guilty to or been found guilty of the crime of assault in the third degree more than two times against any family or household member as defined in section 455.010 is guilty of a class D felony for the third or any subsequent commission of the crime of assault in the third degree when a class A misdemeanor. The offenses described in this subsection may be against the same family or household member or against different family or household members.


There you go. Missouri code.
HeySeuss said
That's an assault and battery, yes.


.....really? Alright.

someone as docile as a CNN reporter -- that's not exactly a hostile or uncooperative entity.


You can't possibly believe that.
HeySeuss said
Another point to make; they started arresting reporters early today -- at least one got put in the paddy wagon. Don Lemon was assaulted by a cop during a live CNN broadcast.


Oh, please, watch the video of Don Lemon getting 'assaulted.' here.
Six shots, including two to the head..... It's getting increasingly difficult to imagine a scenario where that's okay.


The joke is that it's real.
Jorick said
If the Governor is your most hated TV character ever you're a fucking lightweight. Go watch Game of Thrones and get to know true hate for fictional characters.


You know, people hate Joffrey the way I hate the entire cast of Smallville.
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