Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

Still, couldn't you call it a form of trespass and still punish it with a fine of approximately that magnitude (see above for further discussion)?

Sure you could get a fine for trespassing, or even imprisonment, but since it's a criminal offense it's at the discretion of the prosecuting jurisdiction rather than the establishment. On the other hand, the trespasser could probably be held civilly liable for damages by the establishment directly.

In fact, going back to the theatre example, I suppose the person who yells fire and causes a stampede could just as well be held liable for injury or wrongful death in a civil suit by the affected individuals, rather than reckless endangerment or manslaughter in a criminal court.

In the end, though, we'd also have to consider the cost and effort involved in individuals conducting civil suits vs. the convenience of having the government handle investigating and prosecuting it as a criminal offense.



Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: