Law trivia

[x0847Marine]

Based on the model penal code, but specifically California law.

Joe lives in California.

Joe is married but seperated from Jane.

Joe meets and agrees to Marry Eva a year later.

On the wedding day, Joe enters the church dressed in his Tux carrying a copy of thier vowes.

What crime has Joe committed?

[Westy]

Intent to commit bigamy?  

 I imagine if he exits said church "married" to Eva that he has indeed commited bigamy.



Bigamy

281

(a) Every person having a husband or wife living, who marries any other person, except in the cases specified in Section 282, is guilty of bigamy.
(b) Upon a trial for bigamy, it is not necessary to prove either of the marriages by the register, certificate, or other record evidence thereof, but the marriages may be proved by evidence which is admissible to prove a marriage in other cases; and when the second marriage took place out of this state, proof of that fact, accompanied with proof of cohabitation thereafter in this state, is sufficient to sustain the charge.

282

Section 281 does not extend to any of the following:
(a) To any person by reason of any former marriage whose husband or wife by such marriage has been absent for five successive years without being known to such person within that time to be living.
(b) To any person by reason of any former marriage which has been pronounced void, annulled, or dissolved by the judgment of a competent court.

283

Bigamy is punishable by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment in a county jail not exceeding one year or in the state prison.

284

Every person who knowingly and willfully marries the husband or wife of another, in any case in which such husband or wife would be punishable under the provisions of this chapter, is punishable by fine not less than five thousand dollars ($5,000), or by imprisonment in the state prison.

785

When the offense of incest is committed in the jurisdictional territory of one competent court and the defendant is apprehended in the jurisdictional territory of another competent court the jurisdiction is in either court.

When the offense of bigamy is committed, the jurisdiction is in any competent court within the jurisdictional territory of which the marriage took place, or cohabitation occurred or the defendant was apprehended.

[Shane]

the crime of stupidity.

you'd think he'd have learned his lesson!

[GtoRA2]

The laws of common sense, what the hell is he thinking getting marries again?

[Modas]

Originally posted by Shane
the crime of stupidity.

you'd think he'd have learned his lesson!

HA HA!!!  We have a winner!!!!

[x0847Marine]

Originally posted by Westy
Intent to commit bigamy?  

 I imagine if he exits said church "married" to Eva that he has indeed commited bigamy.



Bigamy

281
((snip))

Damm close, but no.

**Answer here**

..

[RightF00T]

Um....what? Please explain, because the explanation on that site is laughable.

[Westy]

Never would have guessed!

   Makes me wonder though what circumstances and/or what questions someone was looking for answers to that lead to that answer though

[Sandman]

Originally posted by x0847Marine
Damm close, but no.

**Answer here**

..

Bigamy is a felony?

[Mickey1992]

Originally posted by RightF00T
Um....what? Please explain, because the explanation on that site is laughable.

It is laughable, because it is the actual text of the law.

Is Bigamy a felony in California?

[RightF00T]

I'm trying to understand how it could be burglary?

[Mickey1992]

Originally posted by RightF00T
I'm trying to understand how it could be burglary?

Entering a building with the intent to commit a felony is one of the definitions of burglary.  Do not confuse burglary with theft, in the same way you don't confuse assault with battery.

[x0847Marine]

Originally posted by RightF00T
Um....what? Please explain, because the explanation on that site is laughable.

The explanation is just a copy of the penal law, he entered the location intending to commit a crime.

When I used to catch "beer runners" after the fact, those that ran through the door, straight to the beer... then out... In my opinion they entered with the intent to commit a crime (theft) and I'd arrest for felony burglary. I could not arrest for "theft" since it wasn't committed in my presence.. DUI being the exception for adults, or if they’re a juvenile under 18.

How about this...

If I really felt like being an A hole everyone drinking a beer I reasonably suspect knew was stolen went to jail for felony possession of stolen property, 496PC.

How would I decide if they knew or not?, by asking "I need to recover all the beer that was stolen, who has one?"

496 would be a "weak" or poor attitude arrest that would likely never be charged as a felony, and probably result in charges being dropped...

Not being charged with 496  doesn’t ease the pain of spending 4 days in jail and having your car impounded (per 22651(h) VC - Driver/person in control arrested).

Most officers wouldn't bother unless you piss’emoff, too much paperwork for a go nowhere collar.

If your friends do a "beer run" and you want one, put it in a glass or cup and wipe your prints off the can/bottle... open container is an infraction.

If they are underage and do a "beer run", throw or leave enough money at the store clerk to cover the cost before grabbing said brew.. that way you're not stealing it, nor can it be proven you entered with the intent to steal... at worst, you a minor in possession of alcohol that circumvented the clerk denying your sale.

Yes, it could be argued you entered with the intent to commit the crime of being a minor in possession of  an alcoholic beverage, but are you “in possession” of alcohol inside the store? Or will being in possession occur after you’ve left?.. meaning you committed no such crime while inside?

[FiLtH]

Obviously some sort of violation of the Jane-Eva convention.