How does that headline grab you? I saw it and just had to read further:
http://www.breitbart.com/article.php...show_article=1
But there's no explanation of how he came to be covered in manure, nor was it his own or some other animal.
-Richard
Order of Kilopi
How does that headline grab you? I saw it and just had to read further:
http://www.breitbart.com/article.php...show_article=1
But there's no explanation of how he came to be covered in manure, nor was it his own or some other animal.
-Richard
Banned
10,500!? There must be more to the story...He was being held at the Martin County Jail on $10,500 bail.
Order of Kilopi
First guess: drugs.
ETA
Just remembered one of an old Florida friend's favorite comebacks:
"You stepped into what?...up to where?!"
...must forward this one to her.
Established Member
Did they find a Port A Potty dumped over in the vicinity? Sounds like he was a victim of his "also drunk" friends.
Order of Kilopi
Oh come on. Y'all act like you've never had the urge to roll around in poo and then go for a swim.
. . . oh. What? You haven't? Then me neither.
Order of Kilopi
Burglary of an Occupied Residence is almost certainly a felony. That could explain the bail amount.
The idea that I'd offer is that he was indeed the first one to pass out at the party, and the target of some sort of prank. He comes to, realizes he's covered is stuff that isn't clothing, and heads for the first place he can find to wash it off.
Too bad we'll probably never really know.
I'm Not Evil.
An evil person would do the things that pop into my head.
Established Member
Yuck. Let's hope the pool was well chlorinated...
Banned
No, there must be more to it than that.Originally Posted by Tog_
Burglary?
He took a towel.
... which considering he was nekkid- is understandable.
Order of Kilopi
Burglary is entering or remaining unlawfully. He broke a screen to get in. Yup. Burglary. You don't even have to steal anything.
I'm Not Evil.
An evil person would do the things that pop into my head.
Established Member
I'd be more upset about the mess in the pool then the screen or stolen towel. I wouldn't want to have to clean it up..... eww.
Order of Kilopi
Yeah. That was always one that got mixed up in my head. Burglary versus Breaking and Entering. Because, the former sounds more apt, based on the name. But it's not.
Order of Kilopi
Chlorinated or not--I'd want the water changed, if I owned a pool which I don't (having passed over 2 houses with pools when looking, because I just don't want the maintenance. The best pool is someone else's pool!)
Established Member
My wife (RIP) regularly took 'aqua-cise' classes at the local municipal pool. Last fall, about once a week they would find a single floating fecal lump and the pool would immediately be evacuated and closed for several hours (one time for 3 days) while they cleaned the whole pool (an 8-lane Olympic-size pool).
They finally caught the guy who was contributing the fecal matter -- some old gentleman who probably wasn't taking his psychiatric meds (or so I heard through the 'grapevine'). He was banned from using the pool, but not arrested because there was no direct eye-witness.
After that they increased the chlorine concentration to an almost unpleasant level.
If a guy jumped in the pool like that, not only would I want it completely drained and cleaned, but I would want a new pool coating/sealant added to the surfaces, also.
.
Order of Kilopi
I can understand wanting to drain and clean, but once the chlorine has already rendered the matter as inert, then it would be no different than any other organic matter in the pool (leaves, dirt, etc).
It's the thought of it that's the problem.
I guess it's an obligation of everyone's image by including this clip.
Order of Kilopi
I just looked the Utah code. We don't even have Breaking and Entering. It looks like we use "Criminal Trespass" as "burglary-lite"
76-6-206. Criminal trespass.
(1) As used in this section, "enter" means intrusion of the entire body.
(2) A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section 76-10-2402 regarding commercial terrorism:
(a) he enters or remains unlawfully on property and:
(i) intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti as defined in Section 76-6-107;
(ii) intends to commit any crime, other than theft or a felony; or
(iii) is reckless as to whether his presence will cause fear for the safety of another;
(b) knowing his entry or presence is unlawful, he enters or remains on property as to which notice against entering is given by:
(i) personal communication to the actor by the owner or someone with apparent authority to act for the owner;
(ii) fencing or other enclosure obviously designed to exclude intruders; or
(iii) posting of signs reasonably likely to come to the attention of intruders; or
(c) he enters a condominium unit in violation of Subsection 57-8-7(7).
(3) (a) A violation of Subsection (2)(a) or (b) is a class B misdemeanor unless it was committed in a dwelling, in which event it is a class A misdemeanor.
(b) A violation of Subsection (2)(c) is an infraction.
(4) It is a defense to prosecution under this section that:
(a) the property was open to the public when the actor entered or remained; and
(b) the actor's conduct did not substantially interfere with the owner's use of the property.
76-6-202. Burglary.
(1) An actor is guilty of burglary if he enters or remains unlawfully in a building or any portion of a building with intent to commit:
(a) a felony;
(b) theft;
(c) an assault on any person;
(d) lewdness, a violation of Subsection 76-9-702(1);
(e) sexual battery, a violation of Subsection 76-9-702(3);
(f) lewdness involving a child, in violation of Section 76-9-702.5; or
(g) voyeurism against a child under Subsection 76-9-702.7(2) or (5).
(2) Burglary is a felony of the third degree unless it was committed in a dwelling, in which event it is a felony of the second degree.
(3) A violation of this section is a separate offense from any of the offenses listed in Subsections (1)(a) through (g), and which may be committed by the actor while he is in the building.
So my previous definition was incomplete, but having stolen a towel and having been naked at the time, it looks like it would still qualify as Burglary here.
As for the cleaning of the pool, the way the person in charge of the hotel pool explained it, as long as the biological matter is intact and can be removed without breaking up, the water can be "shocked" with a high dose of chlorine, then allowed to return to normal levels. This includes vomit.
If the matter is of a type that disperses in the water, then stuff needs to be drained and flushed.
Urine is handled by the regular pool chemical load, which is good, since if it had to be drained and flushed every time it happened, there would be very few public pools.
I'm Not Evil.
An evil person would do the things that pop into my head.
Order of Kilopi
pete
Order of Kilopi
Just to show how fun the laws can be, here's Ohio's definition of the two. I'll post B&E in entirety, since it's very short. Burglary is more involved, so I'm just posting the part that comes close to the B&E. They can both be found here.
Burglary (2911.12)(2) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure that is a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present, with purpose to commit in the habitation any criminal offense;Kinda sound the same. The difference is Burglary is trespass on residential (basically) property, and Breaking and Entering is more like, breaking into a school in the middle of the night.Breaking and Entering (2911.13)(A) No person by force, stealth, or deception, shall trespass in an unoccupied structure, with purpose to commit therein any theft offense, as defined in section 2913.01 of the Revised Code, or any felony.
(B) No person shall trespass on the land or premises of another, with purpose to commit a felony.
To me, it seems completely unnecessary to have two different rules for these situations. The penalties are stiffer for Burglary; but the penalties section of Burglar already breaks down various penalties based on aspects of the crime. I don't see why they couldn't have just added one more condition for unoccupied structures or property.
Order of Kilopi
Wow, the way I read yours is that if I case a house and break in when I know the only person living there should be at work, it's only B&E, since I don't expect them to be home.
Ohio's B&E looks to be Utah's Burglary, but Ohio's Burglary looks like is a slightly more serious offense, since it covers any crime while people are liekly to be there.
I see a line between the two, but it;'s very thin and doesn't seem to be a lot of contrast to it. Interesting.
ETA, how would one enter an unoccupied structure via deception? I guess fooling the guard at the gate to get access to a warehouse?
I'm Not Evil.
An evil person would do the things that pop into my head.
Order of Kilopi
They define "likely to be there" elsewhere in the revised code; even if you "case the house", "Know they're out of town on vacation", "locked them up in a storage unit prior to breaking in", whatever, it's still a habitat and thus considered to "likely have an occupant".
Order of Kilopi
The bold bit is why I said that.
I guess the "likely to be present" thing is a catch all.Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure that is a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present, with purpose to commit in the habitation any criminal offense
I'm Not Evil.
An evil person would do the things that pop into my head.
Order of Kilopi
Yeah. That's the problem with laws. They're written by lawyers.
Order of Kilopi
I wonder if the reason they have burglary as more serious is, that if people are actually there it's likely to escalate into robbery and/or bodily harm or if it's the violation of personal space.
__________________________________________________
Reductionist and proud of it.
Being ignorant is not so much a shame, as being unwilling to learn. Benjamin Franklin
Chase after the truth like all hell and you'll free yourself, even though you never touch its coat tails. Clarence Darrow
A person who won't read has no advantage over one who can't read. Mark Twain
Order of Kilopi
That's exactly why. But there's no need for two separate, barely differently worded laws, when a single law would suffice.
If you follow the link and read the full offense for Burglary, there's four or five different scenarios that each have different severity of penalty. Why not just add a sixth scenario; unoccupied structure, with the corresponding penalty?
But it's because people make their names and reputations by writing laws; not by going and making the existing laws more clear or efficient.
Established Member
At least there are no concealed weapons involved.
Order of Kilopi
Wow--it's ok to burglarize your accomplice in Ohio?
Order of Kilopi
I know in Maryland, penalties are stiffer for nighttime burglary ("cat burglar") than daytime burglary, on the assumption that you are more likely to find people home at night.
Actually, if the homeowner works night shift and sleeps in the day, does that change the definition....
Order of Kilopi
All I can say is this must not be a sailor town.
Order of Kilopi
Because then it wouldn't have been so unusual?
__________________________________________________
Reductionist and proud of it.
Being ignorant is not so much a shame, as being unwilling to learn. Benjamin Franklin
Chase after the truth like all hell and you'll free yourself, even though you never touch its coat tails. Clarence Darrow
A person who won't read has no advantage over one who can't read. Mark Twain
Order of Kilopi
Mr. Henrik, I've seen sailors get themselves in all kinds of states. Believe me. I've had barracks MAA (Master At Arms AKA Barracks Mama) duty on payday Fridays.
But decorum and forum rules I agreed to as condition of participation forbid me relating them here. (Some incidences were not entirely poop-free)
I have been chased by overweight MAA's who tried to stop me by ordering me to halt. That's funny and sad at the same time. I was quite naked, but without poop. I was drunker than all seven hells and had my clothes in my hand as I had no time to dress. Lost a nice pair of new shoes.
This was back when the genders were still segregated hard in the Navy and I was in off limits territory. Getting caught would have been a court marshall offense, not captain's mast or the Army's "Article 15".
I wish I could tell you that was the only time I was pursued by security while naked. Though the other times were statements. I would streak various events put on by other commands. Things like Change Of Command and Award Ceremonies and stodgy old events like that..I used to be a very good mid-range sprinter.
Made me glad I wasn't a real criminal or anything.
Banned
Whenever I did that, it wasn't security that I was outrunnin'...
It was the hordes of women.
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