Quote:
Originally posted by triumph
ok here is a question if I shoot you for spamming! Can I be prosecuted?
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You can be prosecuted. The crime depends on whether you kill me or not. Assuming that you kill me, the amount of time in prison you spend or whether you qualify for the death penalty (assuming it applies in the state you shoot me in) depends on your state of mind at the time of the shooting. It also depends on whether you were so pissed off by what I wrote that you just went apeshit and shot me (lower degree of homicide) or whether you hated me all along and wanted to kill me and set up an elaborate scheme to shoot me (premeditated murder).
Defenses: I can't see any. At least from the Bar/Bri stuff I've read. You can't claim self-defense because my actions do not put you in reasonable fear of imminent grievous bodily harm. I am just typing a message at an online message board. Necessity? I don't think so...there are countless other ways to avoid whatever harm I may be causing and the harm is not grave enough. Diminished capacity/Insanity? Maybe.