Skippy25
join:2000-09-13
Hazelwood, MO
| reply to PixelFreak
Re: Ok and now the rest of the story...
Intent to distribute is a violation of many laws. Your intent to murder someone, your intent to distribute drugs, your intent to molest a child...... etc. Bottom line is that your intent in many things is punishable and it should be in this case. Whether or not you actually did it is moot. The fact that 1, you more then likely stole the file to begin with and 2 the fact that you had it there for others to obtain illegally is enough.
You can continue to skirt the issue all you want, but regardless an illegal act is intended without question. You know it and I know it. |
PixelFreak
Innocent Until Proven Guilty
join:2001-02-21
Bremerton, WA
| said by Skippy25  :Intent to distribute is a violation of many laws. Your intent to murder someone, your intent to distribute drugs, your intent to molest a child...... etc. Bottom line is that your intent in many things is punishable and it should be in this case. Whether or not you actually did it is moot. The fact that 1, you more then likely stole the file to begin with and 2 the fact that you had it there for others to obtain illegally is enough. You can continue to skirt the issue all you want, but regardless an illegal act is intended without question. You know it and I know it. I can't being to tell you how hard I am laughing at this argument. Intent is only part of the analysis if the crime is actually completed. It's an element of the CRIME, but id you don't actually COMMIT the crime, your intent is not punishable. Sheesh.
For you to understand, it's the basic legal principle of ACTUS REUS (the act) and MENS REA (the culpable mental state).
Actus Reus and Mens Rea
Honestly, you act like I came up with these principles so that you can simply discard them for the sake of your argument, but you are wrong - so stinking wrong - it's hilarious. Read those two links, understand them, breathe them in, and then come back here and continue to argue your position about intent being the overall issue at trial without any completed act and I will continue to laugh some more at you. Please, go ahead...
--
Music in the soul can be heard by the universe. - Lao Tsu |
