Is it REALLY a crime?

Actually the discussion started with the different terms for similar types of laws/crimes. Sodomy was on that I mentioned that falls under the category of reap or sex crimes. I never said which laws I agree or disagree with in that listing I merely wanted to point out that there are varying degrees and situations which can be lumped into one generic classification of crime (rape, theft, assault, murder, etc) and intended no offense to anyone. It was merely meant to illustrate what a convoluted sack of bananas our legal system has become.

Split the thread to get it back on the legal track

My point was that no, I don't think we should really focus on victimless crime, and I cited a personal example.

CLEARLY a terrible idea.

Agreed!

I agree... obviously.

Clearly.

Crossfire the Crusader wrote:

Battery is the same as assault but involving a weapon...many people think that you can be charged with assault AND battery but its one or the other.

I hate to brake it to you but this is incorrect.

Assault and battery are two of the oldest torts in legal history. The difference between them is simple. An assault is an open threat of bodily contact with someone, without his permission. The actual contact is battery. If you get so mad at your neighbor that you go up to him with a baseball bat and say you'll knock his brains out. you have committed the tort of assault. if you loose control and actually hit him you have committed the tort of battery. actual contact is what distinguishes battery from assault, even thought the contact may be only a touch or a stolen kiss, if made without permission. the contact my be with your body or anything attached to it, like your clothing or the chair your sitting in.

as such you can very much be charged with both assault and battery. in fact you are often charged with both because if one fails to return a guilty ruling the other often will succeed!

Zimmer wrote:

Not to be overly sensitive, but come on now. Sodomy, AKA anal sex between men, is not rape and should not be considered rape.

Except that Sodomy is not sex between men! the legal definition of Sodomy is Anal or oral intercourse between human beings, or any sexual relations between a human being and an animal.

Although since homosexual activity between men involves exclusively anal and oral sex, gay men were the primary target of sodomy laws.

K1ng wrote:

Crossfire the Crusader wrote:

Battery is the same as assault but involving a weapon...many people think that you can be charged with assault AND battery but its one or the other.

I hate to brake it to you but this is incorrect.

Assault and battery are two of the oldest torts in legal history. The difference between them is simple. An assault is an open threat of bodily contact with someone, without his permission. The actual contact is battery. If you get so mad at your neighbor that you go up to him with a baseball bat and say you'll knock his brains out. you have committed the tort of assault. if you loose control and actually hit him you have committed the tort of battery. actual contact is what distinguishes battery from assault, even thought the contact may be only a touch or a stolen kiss, if made without permission. the contact my be with your body or anything attached to it, like your clothing or the chair your sitting in.

as such you can very much be charged with both assault and battery. in fact you are often charged with both because if one fails to return a guilty ruling the other often will succeed!

That depends on the state...I stated it as the law is written in Arkansas...As I was instructed at the Arkansas Department of Corrections Academy.

[quote="Lunar Veil"]

Just please do not share it with the class when you two do commit these acts. Heterosexual or homosexual, that is an inappropriate discussion to be having on this forum.

Note: This post was a very short summary. I could, in fact, write for hours on sodomy laws, but I wanted to keep it short here. If anyone would like any additional information regarding sodomy laws (or any other type of law), then please submit a request to me via private message, and I will gladly elaborate here in this thread.

Thank you.[/quote

Am I confused or did you in the first sentence say that "the topic of these acts is inappropriate discussion to be having on this forum."
And then immediately follow it up with " If anyone would like any additional information regarding sodomy laws (or any other type of law), then please submit a request to me via private message, and I will gladly elaborate here in this thread."

so its inappropriate but your willing to expand upon the topic "Here in this thread" if you receive a PM from someone requesting further information in this regard? I know, I know "regarding sodomy laws" not the acts them selves! I get it.. I just found it amusing!

Keep up the great work LuV.

Crossfire the Crusader wrote:

That depends on the state...I stated it as the law is written in Arkansas...As I was instructed at the Arkansas Department of Corrections Academy.

well that's what happens when you take legal advice from a Police or Corrections Officer. They have a very limited understanding of the laws they enforce.

Being two of the oldest laws known to our society's justice systems. they're pretty universal. I would be willing to bet a sizable amount that if you spoke with an attorney license in the state of Arkansas he is going to tell you that my definition stands. I'm sorry but since your state does not defines "Battery" solely as "assault with a weapon.", I'm gonna have to chuckle!

In Oregon Battery requires contact even with a bare open hand.

"If you get so mad at your neighbor that you go up to him with a baseball bat and say you'll knock his brains out. you have committed the tort of assault."

Here that is Menace. Through word or action to cause a reasonable person to believe that they are in immediate danger of serious injury or death.

Offensive and / or unwelcome non-injurious touching and grabbing is considered Harassment UNLESS such action forces the victim to be moved five or more feet against their will.

Just copy pasted this from [You must be registered and logged in to see this link.] :

Quote :

In most states, an Assault & Battery is committed when one person 1) tries to or does physically strike another, or 2) acts in a threatening manner to put another in fear of immediate harm. Many states declare that a more serious or "aggravated" assault/battery occurs when one 1) tries to or does cause severe injury to another, or 2) causes injury through use of a deadly weapon. Historically, laws treated the threat of physical injury as "assault", and the completed act of physical contact or offensive touching as "battery," but many states no longer differentiate between the two.

So looks like you both may be right in this case

You know this whole area needs to be divided into states.

chuckle if you like...I've read the actual statute...I know what Im talking about.

Also, this is a discussion about ridiculous things that are illegal and laws that are redundant...discussions about the finer points of the law are best carried into the law library.

Now Im gonna go hunt whales from the back of my pickup truck...its legal ya know...in California

(a)A person commits assault in the first degree if he or she recklessly engages in conduct that creates a substantial risk of death or serious physical injury to another person.

(b)Assault in the first degree is a Class A misdemeanor.




(a)A person commits battery in the third degree if:

(1)With the purpose of causing physical injury to another person, the person causes physical injury to any person;

(2)The person recklessly causes physical injury to another person;

(3)The person negligently causes physical injury to another person by means of a deadly weapon; or

(4)The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to another person by administering to the other person, without the other person's consent, any drug or other substance.

(b)Battery in the third degree is a Class A misdemeanor.




(a)A person commits battery in the first degree if:

(3)The person causes serious physical injury to another person under circumstances manifesting extreme indifference to the value of human life;


Just sayin!

Crossfire I was just hunting whale today in the back of my pickup truck. Caught me a hum dinger of a sperm whale.

So returning to the purpose of the thread...

In the state of Massachusetts...

It is illegal to give beer to hospital patients.

Candy may not contain more than 1% of alcohol.

At a wake, mourners may eat no more than three sandwiches.

Shooting ranges may not set up targets that resemble human beings. (I almost understand the why of this one)

Snoring is prohibited unless all bedroom windows are closed and securely locked.

An old ordinance declares goatees illegal unless you first pay a special license fee for the privilege of wearing one in public.

Taxi drivers are prohibited from making love in the front seat of their taxi during their shifts.

All men must carry a rifle to church on Sunday.

BUT...

Hunting on Sundays is prohibited.

A woman can not be on top in sexual activities.

No gorilla is allowed in the back seat of any car.

Children may smoke, but they may not purchase cigarettes.

Quakers and witches are banned.

Massachusetts liquor stores can only open on Sundays if they are in Berkshire, Essex, Franklin, Middlesex or Worcester counties and are within 10 miles of the Vermont or New Hampshire borders.

It is illegal to go to bed without first having a full bath. (Good rule, bad law)

However, an old law prohibits the taking of baths on Sunday. (I wonder how they avoid breaking the law at bed time?)

and check this out...

No one may take a bath without a prescription. (Just how do they enforce this law anyway?)

Crossfire the Crusader wrote:

So returning to the purpose of the thread...

In the state of Massachusetts...

Candy may not contain more than 1% of alcohol.

A woman can not be on top in sexual activities.

Massachusetts liquor stores can only open on Sundays if they are in Berkshire, Essex, Franklin, Middlesex or Worcester counties and are within 10 miles of the Vermont or New Hampshire borders.

It is illegal to go to bed without first having a full bath. (Good rule, bad law)

Well I won't go to Massachusetts on a Sunday then, that's my night off and that's my night made illegal.

(Off topic remarks removed)