(September 26, 2014 at 12:35 pm)Jaysyn Wrote:(September 26, 2014 at 12:23 pm)Heywood Wrote: I'd be curious to read the law that this kid alledgedly violated before making a firm judgement. Presumably the statue is private property and the state has an obligation to uphold the property rights of the owners. My first thoughts on this are that if it warrants prosecution it should be handled as a civil matter and not a criminal one.
Clearly Unconstitutional & I don't think it will stand once the ACLU gets a hold of this DA. No idea why you'd think this would be a civil matter however. The only thing this kid is guilty of is trespassing, & not even that if they don't have No Trespassing signs visible.
Quote:Local media has reported that the teen is being charged under a 1972 statute that makes “desecration, theft or sale of a venerated object” a second-degree misdemeanor.
http://law.onecle.com/pennsylvania/crime...9.000.html
https://www.au.org/blogs/wall-of-separat...esecration
The kid is guilty of desecrating someone else's private property. That's clear from the picture. The people who erected the statue....who presumably once found inspiration from it may now only think of that desecration instead when they view it.....so in a real sense the property owners have been damaged by being deprived of the inspiration they once had.
What right does the kid have to do what he did? Free speech doesn't apply here because free speech doesn't give you the right to use someone else's property to make a point. If I used an image of Micky and Minnie Mouse hot boxing to promote the legalization of marijuana, Disney would have a cause of action against me.
I still think it silly to prosecute this as a criminal manner, but if the owners of the statue wanted to take the kid to court....I don't have a problem with that. The state should uphold the property rights of property owners.