Have You Just Committed a Crime?

[GuyRelford]

It's been almost a year since I've posted one of my "legal scenarios," and some INGO members at the last 1500 were asking me to bring them back - so here we go:

You have a valid LTCH, and you're in the habit of carrying your Kimber Pro Carry pretty much 24/7, always concealed in a IWB holster.

Your 17 year-old daughter has starting dating someone that you really don't care for - he always avoids eye contact with you, he's a couple years older than your daughter, and he's got strange tattoos on his neck.

One night, he comes to your house to pick up your daughter, and she informs you that they're going to a rock concert nearly an hour away. You say that's fine, but she needs to be home by midnight. The "boyfriend" says, "not gonna happen, it'll be at least 1:00 am."

You raise up your shirt, show him the Kimber, and say simply, "Midnight."

The gun never leaves the holster, and you say nothing else.

The kid leaves your house, calls his parents to tell them that you've just theatened to kill him, and the cops show up at your house, looking for "the crazy guy with the gun."

Have you committed a crime?

 

[kevman65]

My opinion, and its just my opinion, that's intimidation and it is a crime.

Better to be sitting in your favorite recliner with a table next to it and the Kimber laying on the table as you caress it during the entire conversation

 

[Que]

IC 35-45-2-1
Intimidation
Sec. 1. (a) A person who communicates a threat to another person, with the intent:
(1) that the other person engage in conduct against the other person's will;

It's a close call, but it could go either way.

 

[vesan87]

I'm going to say yes. Maybe something along the lines of intimidation with a deadly weapon? Class C felony? He was on your property but he was invited to be there. Much better ways to handle that situation.

 

[Kirk Freeman]

There is a little know "neck tattoo" exception to Johnson. Pretty sure it is in a concealed footnote.

Lesson learned: don't carry concealed.

 

[ATM]

Yep, just another plus for open carry.

 

[Kirk Freeman]

Is this why the Chinese endorse open carry, ATM?

 

[Hoosierdood]

Yep, intimidation. Now, if you just happen to be sitting on the front porch cleaning your guns with several bullet ridden targets draped over the railing, and tell him in a stern voice that they had better be back by midnight...that would be ok.

 

[ATM]

Is this why the Chinese endorse open carry, ATM?

One of the many reasons. The Chinese are very wise.

 

[GuyRelford]

There is a little know "neck tattoo" exception to Johnson. Pretty sure it is in a concealed footnote.

Lesson learned: don't carry concealed.

+1 on Johnson!

 

[NIFT]

I'll play, couinselor.

Did the police report it as a crime? In not, then there was no crime.

Was the dad arrested and charged? If so, what was/were the charge(s)? Was he convicted?

It was a dumb move but a crime only if reported.

 

[KG1]

IC 35-45-2-1
Intimidation
Sec. 1. (a) A person who communicates a threat to another person, with the intent:
(1) that the other person engage in conduct against the other person's will;

It's a close call, but it could go either way.

Would this part relate to this part? "You say that's fine, but she needs to be home by midnight. The "boyfriend" says, "not gonna happen, it'll be at least 1:00 am."
Is it against the "will" of the boyfriend who wants to have her home by 1:00 and not midnight?

 

[GuyRelford]

I'll play, couinselor.

Did the police report it as a crime? In not, then there was no crime.

Was the dad arrested and charged? If so, what was/were the charge(s)? Was he convicted?

It was a dumb move but a crime only if reported.

Valid question. Yes, the parents of the boyfriend called the cops and reported it as a crime. Now what?

 

[lovemachine]

I think it could go either way. Nothing was really said. You could have had an itch, and your shirt raised up when you scratched.

I think it's going to depend on the cops who showed up, and even the judge if it comes to that.

I would like to think the cops wouldn't really believe a punk kid with a neck tattoo over the father of a daughter.

 

[lovemachine]

I think it could go either way. Nothing was really said. You could have had an itch, and your shirt raised up when you scratched.

I think it's going to depend on the cops who showed up, and even the judge if it comes to that.

I would like to think the cops wouldn't really believe a punk kid with a neck tattoo over the father of a daughter.

 

[shooter1054]

shoot the boyfriend, cut himself on the arm, and place the knife in the boyfriend's hand after he wipes his prints off the knife. self defense. problem solved.

 

[GuyRelford]

Would this part relate to this part? "You say that's fine, but she needs to be home by midnight. The "boyfriend" says, "not gonna happen, it'll be at least 1:00 am."
Is it against the "will" of the boyfriend who wants to have her home by 1:00 and not midnight?

I think that's a rhetorical question! And you're definitely on the right path.

 

[Bunnykid68]

Tell him if she aint home by midnight you will consider her kidnapped and call the police.

 

[NIFT]

Valid question. Yes, the parents of the boyfriend called the cops and reported it as a crime. Now what?

Okay, assuming the cops, not tatoo's parents, reported it as a crime, then we got ourselves a crime!
Was the dad arrested? If so, what was/were the charge(s)?
(I suspect that is what you are fishing for)

 

[KG1]

I think that's a rhetorical question! And you're definitely on the right path.

Roger