06-10-2016, 09:50 AM
(06-10-2016, 06:35 AM)Anthony Wrote: But back narrowly on topic:
Under British common law - which forms the basis for the penal codes in every U.S. state except Louisiana - the crime of burglary entails entering upon a premises on which a person has no legal right to be, with the intention of committing a crime. Picking a lock, smashing a window, etc., is not necessary.
Inserting oneself or something connected to oneself where one is unlikely to be welcome is burglary. Thus wandering into a non-common area of a store to take stuff (a store room) is a burglary. Sticking around after closing time and then helping oneself to items in the business is burglary. Accidents might not be burglary; thus if one is stuck in the building while drunk one might not be a burglar.
I can imagine a suitable treatment for computer viruses and hacking: digital bits that can only be harmful would be burglary just as would be using a magnet or a rod and reel to grab stuff and deprive it from the owner. Prosecution of those who break into a computer to get credit card data as burglars? That would be a novel, but perhaps defensible interpretation of common law.
Quote:With the foregoing in mind, if it is illegal for a biologically-born male to be in a women's rest room, if that male commits even a relatively minor "sex crime," i.e., peeping or flashing, it becomes a felony - burglary. But, as a practical matter, no transgender would ever be arrested for merely being in the ladies' room, unless one of the ladies commits the crime of peeping herself; otherwise, how would she know that someone was not a "real" woman? And since taking a piss or a crap in a facility designed for same is (obviously) not a crime, the intention-of-committing-a-crime criterion for burglary is not met if that is all the transgender does in there.
Going into an occupied restroom and doing an unwelcome, sexually-charged deed would be some violation. Wandering into the wrong restroom happens. So one respects the privacy of anyone. Remove the urinal from a "men's room", and one has a unisex restroom.
Quote:So what's the fuss - unless the libs don't want to see bathroom pervs charged with burglary, which might very well provide an added deterrent to such activity?[/quote]
Indecent exposure. Child abuse if it involves children. Disorderly conduct.
By the way -- installing a camera into a restroom to get images of people's genitals would be a burglary. One would never be invited to a business or a public office to do so.
The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated Communist but instead the people for whom the distinction between fact and fiction, true and false, no longer exists -- Hannah Arendt.
