Re:A Digital Rumor Should Never Lead to a Police Raid
by philipodonnell on Thursday September 22, 2016 @11:07PM
(#12562041)
I think he's saying that the act of detonating a bomb, or attempting to detonate one, is illegal all by itself. The fact that it was done by a phone call doesn't change anything, so, the phone call itself was not illegal. The charges would be identical if they used a phone or a timer or a hand switch.
Re:A Digital Rumor Should Never Lead to a Police Raid
by akiselev on Thursday September 22, 2016 @11:52PM
(#12562187)
That's why I brought up the example of wire fraud, which is basically any fraud committed using electronic communications. This charge is usually added on top of the main fraud felonies despite the fact that the only difference is the medium of communication. In the case of wire fraud, a phone call does change the crime in the eyes of the court.
I don't know much (or anything) about the prevailing criminal justice philosophies among the judiciary but this sounds like a question that can only be answered by a thorough review of the criminal code and precedent. Wire fraud, for example, is one of those felonies that you can be guilty of in the process of committing other more serious crimes so obviously some components can be broken out of the larger crimes.