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Re: Benign Worms
From: Benjamin Franz <snowhare () nihongo org>
Date: Fri, 13 May 2005 15:49:56 -0700 (PDT)

On Fri, 13 May 2005, Eric Paynter wrote:

On Fri, May 13, 2005 9:59 am, Michael Holstein said:
3. If not, what prevents you from doing that?
Any worm/virus, regardless of intent, is still illegal -- and I don't
think I can get a DSL line in jail.

Not true. Intent is *everything* as far a criminal activity is concerned.

Don't quit your day job to work as a lawyer. There are a many laws that turn on facts rather than intent.

"Lack of criminal intent does not shield a citizen from the BATF. In United States v. Thomas, the defendant found a 16- inch-long gun while horseback riding. Taking it to be an antique pistol, he pawned it. But it turned out to be short-barreled rifle, which should have been registered before selling. Although the prosecutor conceded that Thomas lacked criminal intent, he was convicted of a felony anyway.[64] The Supreme Court's decision in United States v. Freed declared that criminal intent was not necessary for a conviction of violation of the Gun Control Act of 1968.[65]"
      David Kopel, in "Trust The People: The Case Against Gun Control"

Note: This is not intended to bring gun control into the argument, it was simply the first clear example I found of a conviction for a crime without intent.

--
Benjamin Franz

Simple things should be simple, complex things should be possible.
                                         - Alan Kay

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