Re:Rep. Zoe Lofgren Introduces Aaron's Law [pdf]
by marshray on Tuesday January 15, 2013 @11:58PM
(#5065377)
So if he entered a supply closet at the library to borrow a pen, and then he evaded taxes with that pen, he "broke in" even if the library allowed people to borrow pens from that unlocked closet?
Re:Rep. Zoe Lofgren Introduces Aaron's Law [pdf]
by tptacek on Wednesday January 16, 2013 @12:19AM
(#5065446)
Breaking into a supply closet is not a fact that helps establish any element of tax fraud.
Re:Rep. Zoe Lofgren Introduces Aaron's Law [pdf]
by marshray on Wednesday January 16, 2013 @02:10AM
(#5065770)
So it's "breaking in" if it helps the prosecution's case, by definition.
What a weird system.
Entering a wiring closet with lawful intent but not a lawful excuse is trespass. For example someone left a light on and you wanted to turn it off. The property owner can generally have you removed and file a civil case.
Entering a wiring closet with unlawful intent is a crime. For example your MAC address has been blocked from the wireless network and you intend to plug in to avoid that block.
So hopefully it makes sense now. They can't just charge him for breaking into the closet (unless he did property damage), but they can charge him in addition to another crime (and you can argue till your blue in the face if THAT was a crime, I don't have an opinion). Its like the magical "with intent to distribute" if you cut up your drugs into lots of little baggies.
(IANAL, but I did have one explain this stuff to me years ago in relation to an employee termination)