Insurgent/Riot Vandalism (Statues…)
(pb) >>9712256 , >>9712274 (pb)
>Is vandalism of a national monument a misdemeanor or felony?
First Charge: Destruction of Government Property
Penalty: “a fine of up to $250,000, ten years imprisonment, or both”
Second Charge: Rioting
Penalty: “Shall be fined under this title, or imprisoned not more than five years, or both.”
DOJ is supposed to move “as speedily as possible” on issues like this.
Lawfags, please correct me where I'm wrong (becoming familiar with applicable laws now).
Depending on the reading, 18 U.S. Code § 2101. Riots [could] apply to Insurgent Destruction of Government property (Statue).
If Statue were owned by a Foundation or Private Individual, it seems Code 2101 [would] certainly apply.
Phrase in question: “ damage or injury to the property of any other person”.
Does “person” apply to Government in this case, or to WE the PEOPLE, since it is OUR Statue?
If so, the current “Statue” vandalism could lead to 10 years and $250,000 fine for Destruction of Government Property, and 5 years plus fines for Rioting (moar digging may turn up more charges).
Note: (simply put) if a State has claimed jurisdiction re: Riot and charged an Individual re: Vandalism, the Feds cannot charge said Individual re: aforementioned Vandalism.
EXCEPT
In question is vandalism of a National monument.
National monument on federal lands?
If Individual travels between States, uses a phone/text cohorting with others, in our current Insurgent situation, it seems DOJ could move swiftly and take charge (even if the monument is not on federal lands).
Who is controlling each State with Riots?
Would they actually look to bring any justice?
Or have Government “leaders” of those States stood side by side with, “peaceful protesters”?
“Federal jurisdiction in rioting cases arises when the rioter engaged in the prohibited act and traveled between states or countries to do so, or used interstate or foreign commerce such as mail, telephone, radio, or television to communicate or broadcast prior to their overt acts. Activities involving federal lands are considered to be per-se interstate matters.”
https://criminal.findlaw.com/criminal-charges/rioting-and-inciting-riots.html
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Destruction Of Government Property – 18 U.S.C. § 1361
“Section 1361 protects "any property" of the United States…from willful depredation or attempted depredation…"Depredation" has been characterized as the act of plundering, robbing, pillaging or laying waste.”
Penalty: if the damage exceeds $100, the defendant is subject to a fine of up to $250,000, ten years imprisonment, or both.
When property damage does not exceed $100, the offense is a misdemeanor punishable by a fine of up to $100,000, one year imprisonment, or both.
https://www.justice.gov/archives/jm/criminal-resource-manual-1666-destruction-government-property-18-usc-1361
Definition: Riot
(a) As used in this chapter, the term “riot” means a public disturbance involving
(1) an act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of any other person or to the person of any other individual or
See link for more:
https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=18-USC-3500636-1417857063&term_occur=999&term_src=title:18:part:I:chapter:102:section:2101
18 U.S. Code § 2101. Riots
“uses any facility of interstate or foreign commerce, including, but not limited to … telephone … to organize, promote, encourage, participate in, or carry on a riot”
Shall be fined under this title, or imprisoned not more than five years, or both.
any person shall have violated this chapter, the Department shall proceed as speedily as possible with a prosecution of such person hereunder and with any appeal which may lie from any decision adverse to the Government resulting from such prosecution.
https://www.law.cornell.edu/uscode/text/18/2101
Phoenix police kneel with peaceful protesters chanting ‘take a knee’ as crowd disbands for curfew – June 2, 2020
https://www.foxnews.com/us/phoenix-police-officers-kneel-protesters-peaceful-curfew
DACA Illegal Aliens Among 200 People Arrested in Phoenix, Arizona Riots – June 3, 2020
Those arrested in the Pheonix riots have been charged with rioting, violating curfew, disorderly conduct, and unlawful assembly.
https://www.breitbart.com/politics/2020/06/03/daca-illegal-aliens-among-200-people-arrested-in-phoenix-arizona-riots/
If a Statue should come down, let it be done in a calm, cool, and rational fashion.