Is it a crime to sneak into a hotel pool? Suppose a hotel pool is very easy to get into, although there is a sign that it is only for the hotel guests. Is getting caught punishable by law enforcement? This is in Orange County, Florida, USA.
Short Answer: If there are signs prohibiting non-guests then it's more than likely to be misdemeanor in the first degree. Long Answer: The offence is one of trespass contrary to Florida's TITLE XLVI, Chapter 810.09: (1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance: 1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011; or 2. [omitted] commits the offense of trespass on property other than a structure or conveyance. ;(b) [omitted] (2)(a) Except as provided in this subsection, trespass on property other than a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.0821 or s. 775.0832. The general power of arrest, at 901.15, requires a warrant for this offence unless certain conditions are met, as explained here: When can an officer in Florida make a warrantless arrest for a misdemeanor? As a general rule, a warrant is required for a misdemeanor arrest unless: all of the elements of the misdemeanor were committed in the officer’s presence; or the officer has probable cause for the arrest and the misdemeanor is on the list of statutory exceptions found in Section 901.15, F.S.; or the officer has reasonable grounds to believe that the subject has violated probation or community control in any material respect (sometimes called the “COP VOP” exception contained in Section 948.06). 1 The more likely punishments, based on a lack of specific detail, seem to be: For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year 2Or: [not exceeding] $1,000, when the conviction is of a misdemeanor of the first degree Note that these punishments are maximums the court could impose if the hotel wanted to pursue the matter criminally.
I think that there won't be any trouble from Germany, but the US could be a problem if the girl reports the case to authorities. In that case, further details would depend on the state in question. As far as Germany is concerned, there are two sections in the penal code that could be relevant here: § 176 StGB - Sexual abuse of children § 182 StGB - Sexual abuse of juveniles To make things more complicated, we would also have to take into account juvenile penal law and whether Germany would have jurisdiction in the first place. 1) Jurisdiction: I'm not sure whether this case would fall into German jurisdiction under § 3 StGB as the case could be deemed to be committed in the US. However, in that case, Germany could still assume jurisdiction under § 5 item 8 StGB. 2) Since our guy was only 18, it would be at the discretion of the court to decide whether juvenile criminal law or regular criminal law is to be applied. In the former case, the sentence would be lower (if there is a sentence at all). But then we still have to figure out whether our guy broke a law in the first place. So first of all, let's take a look at § 176 StGB: “Section 176 Sexual abuse of children (1) Whoever performs sexual acts on a person under 14 years of age (child) or has the child perform sexual acts on them incurs a penalty of imprisonment for a term of between six months and 10 years. (2) Whoever causes a child to perform sexual acts on a third person or has a third person perform sexual acts on the child incurs the same penalty. (3) In especially serious cases, the penalty is imprisonment for a term of at least one year. (4) Whoever 1. performs sexual acts in the presence of a child, 2. causes the child to perform sexual acts, unless the act is subject to a penalty under subsection (1) or subsection (2), 3. influences a child by way of material (section 11 (3)) or information and communication technologies a) in order to cause the child to perform sexual acts on or in the presence of the offender or a third person or to have the offender or a third person perform sexual acts on the child or b) in order to commit an offence under section 184b (1) no. 3 or under section 184b (3) or 4. influences a child by showing pornographic images or depictions, by playing pornographic audio recordings, making pornographic content available by way of information and communication technologies or pornographic speech incurs a penalty of imprisonment for a term of between three months and five years. (5) Whoever offers or promises to supply a child for an offence under subsections (1) to (4) or who arranges with another to commit such an offence incurs a penalty of imprisonment for a term of between three months and five years. (6) The attempt is punishable; this does not apply to offences under subsection (4) nos. 3 and 4 and subsection (5).” Since the girl is 15 years old, this section is probably not relevant. However, to know for sure, we would need to know her exact age when contact started. If she was only 13 years and 11 months and contact lasted 1 year and 2 months, then § 176 might be relevant after all. That takes us to § 182. “Section 182 Sexual abuse of juveniles (1) Whoever abuses a person under 18 years of age by taking advantage of a predicament by 1. performing sexual acts on that person or having said person perform sexual acts on them or 2. causing the person to perform sexual acts on a third person or to have sexual acts performed on them by a third person incurs a penalty of imprisonment for a term not exceeding five years or a fine. (2) A person over 18 years of age who abuses a person under 18 years of age by performing sexual acts on that person or having that person perform sexual acts on them for a consideration incurs the same penalty. (3) A person over 21 years of age who abuses a person under 16 years of age by 1. performing sexual acts on that person or having that person perform sexual acts on them or 2. causing that person to perform sexual acts on a third person or to have a third person perform sexual acts on that person, and thereby exploits the victim’s lack of capacity for sexual self-determination, incurs a penalty of imprisonment for a term not exceeding three years or a fine. (4) The attempt is punishable. (5) In the cases under subsection (3), the offence is prosecuted only upon request, unless the prosecuting authority deems there to be a special public interest in prosecution which calls for ex officio intervention. (6) In the cases under subsections (1) to (3), the court may dispense with imposing a penalty pursuant to these provisions if, having regard to the conduct of the person against whom the offence was committed, the wrongfulness of the act is minor.” § 182 para. 1 StGB applies only to cases where the offender takes advantage of a predicament. I seriously doubt there's a predicament involved here. § 182 para. 2 StGB only applies for sexual acts for consideration, i. e. when money is being paid. Since apparantly there was no payment involved in this case, no problem here and we can go on to para. 3. § 182 para. 3 StGB only applies to cases where the victim lacks the capacity for self-determination and the offender is at least 21 years old. Neither is the case here. Summary: As far as Germany is concerned, there's no trouble to be expected under § 182 StGB. § 176 StGB might cause problems but only if the girl was under 14 when contact began. (You stated that she's 15. This could mean that she just turned 15 but was 13 years and 11 months when contact began.) As far as German law is concerned, it looks like our guy was overly cautious and there was no need to cut contact. From the US perspective, however, things will probably be different. I'm not familiar with US law but we would probably need to know the state in question.
Yes Usually, whoever got their hands on the defendant first would have first crack at it. The second jurisdiction would commonly not prosecute provided that justice was done in the first but they can - double jeopardy is not in play as a bar as they are different legal systems but courts usually apply the spirit that a person shouldn’t be punished twice for the same act.
If I attempt to carry such a product into the country, but then honestly declare it at the border (I would like to declare 10 kg of marijuana, sir), can I be prosecuted for attempted smuggling? This depends on the jurisdiction and its definition of "smuggling." In the US, as an example, smuggling implies fraud or "clandestine" action. Openly bringing a forbidden item and declaring it would not meet the definition of this crime. Or will I simply be faced with the choice of turning around or forfeiting my goods and continue without trouble? Depending on the product in question, probably not. In the marijuana example, even if you are not guilty of smuggling, you are guilty of possessing and transporting a controlled substance (see 21 USC subchapter I). You could also be charged with intent to distribute, which would likely be a more serious crime. You could also be charged under the laws of the state in which the port of entry is located. With regard to the methyl alcohol example, I do not know whether bringing it to the customs desk at a port of entry would constitute a crime.
Yes, in Orange County, CA, in a residential zone or on residentially-developed property, this is a code violation. Specifically you are looking at Title 3, Division 13, Article 1, Sec 3-13-4(11): Sec. 3-13-4. - Prohibited Conduct. Except as provided in section 3-13-6, exemptions, it shall be unlawful for any responsible party having charge or possession of any real property in county territory to:... (11) Keep, store, or maintain upon any premises under his/her control any abandoned, wrecked, dismantled, or inoperative vehicle, or part thereof, except as permitted by Table 3-13-6(c). You may store/work on this vehicle from a building or location that is not visible from the street, but you cannot work on or store the vehicle on the street or driveway. You might also be able to erect a 6' tall opaque fence around the car, provided the fence meets standards. The code making this illegal is a county ordinance for Orange County, CA, which is not applicable to other counties in California (other counties/cities may have their own ordinances). Codes which cover this sort of activity are generally made at the county or city level. They vary dramatically from location to location, and are often different based on the zoning of the property within the county or city.
If the ability to get a Pannini is conditioned on buying paper towels for money, then he isn't really selling paper towels for $2 and the Pannini for free, he is really selling a package consisting of paper towels and a Pannini for $2, so it would probably still be illegal. The phrase lawyers and judges use to talk about attempts to create loopholes like this one is "too clever by half", which means: "Shrewd but flawed by overthinking or excessive complexity, with a resulting tendency to be unreliable or unsuccessful."
They can charge you with anything they think you did. And yes, the circumstances play a large part in the decision to arrest, charge and prosecute. However, circumstances include you: Reputation is everything. If you are a 17 year old male troublemaker with a long juvie rap sheet, including 3 past instances of stealing golf carts, then expect to be charged with the theft. Honestly you would probably be charged with the theft if you had simply stayed away and called the cops to report it abandoned. If you came upon it in your vehicle and it's obviously blocking the road and your apparent motive is to figure out how to move it so you can get by, then you're probably in the clear. If you're a 44 year old owner of a golf cart business, PAL supporter, city councilwoman and know half the cops including one in the car that stopped you, then, they're going to pretty much listen to you as far as what's the deal with the cart. Probably ask you for help moving it safely, might even ask you to get your cart-hauler to take it to impound. You won't hear from the D.A. obviously; nobody will say "Sue Councilwoman stole a golf cart" because it would sound absurd and make the speaker appear to be a politically motivated liar. That's the power of reputation; no one would speak it even if you did steal it. (Of course if you got caught doing it on a Ring camera, well, the hero takes a fall!) Anything in between, they'll deal with it in proportion to both the facts about you and the fact about the situation. You do not have a right to get the same credibility as the councilwoman; that is earned. That's the power of reputation.
No, you are not personally criminally liable for a crime a third party has committed, even if you are their guardian. The conflict is managed by civil action, i. e. the store owner sues the child/guardian for damages. In general, it is not a crime to not report a crime, planned, happening, or finished. There is one section that penalizes failing to report a planned crime, § 138 StGB. However, only very serious crimes such as homicide are eligible. So what about aiding theft, §§ 242 Ⅰ, 27 Ⅰ StGB, e. g. by attending the child: This requires criminal intent, that means knowledge about and deliberate intent to commit a crime. Since the guardian wasn’t aware of anything, he can’t be liable. As a guardian (§ 1626 BGB, or in general any guarantor) you can commit a crime by omitting a behavior, § 13 Ⅰ StGB (Garantenstellung). Theft by omission, §§ 242 Ⅰ, 13 Ⅰ StGB. The purpose of § 13 Ⅰ StGB is that you are forced intervene if an infringement of protected legal interests (e. g. life and limb, property, freedom) is imminent. As a parent you are a guarding guarantor (Beschützergarant). You are supposed to protect your child. However, § 13 Ⅰ StGB only has the extent of protecting legal interests of your patron. The supermarket owner’s property is not a legal interest you are mandated to protect. Hence no crime either. Approving or rewarding a crime, § 140 StGB: Theft is not eligible, only crimes that are deemed suitable to disturb public order. Failure to educate, § 171 StGB: If you grossly fail to educate your child, even go as far as encouraging it in engaging in criminal activities, you commit a crime. However, this is a one time occurrence we’re talking about, so not even remotely criminal. Various “gang crimes”. A family should not be considered a gang (Art. 6 Ⅰ GG), but the DA has an infinite amount of fantasy.