Man gets life in Jail for spitting on a cop

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  • XYCash
    Confirmed User
    • Jun 2003
    • 582

    #1

    Man gets life in Jail for spitting on a cop

    http://www.msnbc.com/news/934094.asp?0cv=CB20
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  • dr00
    Confirmed User
    • Jun 2003
    • 157

    #2
    there is no way this could be true. But then again who the fuck knows.
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    • Martin
      "Assassins"
      • Dec 2001
      • 17274

      #3
      Who cares.. Let the fucker rot..

      Comment

      • stevecore
        Confirmed User
        • May 2003
        • 6130

        #4
        that spit will come in handy on those long lonely nites.

        Comment

        • MrPopup
          Confirmed User
          • Aug 2002
          • 3783

          #5
          Originally posted by Martin
          Who cares.. Let the fucker rot..
          <table cellspacing="0" cellpadding="3" border="1" bgcolor="#008000"><tr><td><font size=3>Gone</font></td></tr></table>

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          • TheJimmy
            ICQ- five seven 0 2 5 5 0
            • Jan 2001
            • 10747

            #6
            I would like to be shocked...


            but as big a biz as the DOC is in this country, and as blood hungry as our citizens are....I'm thinkin we're not a whole lot better than the Taliban atm...


            ok, so we're a little nicer to women and haven't blown up any statues of buddah yet...but if the buddah statue had a tit, we might want to cover it up!

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            Comment

            • Martin
              "Assassins"
              • Dec 2001
              • 17274

              #7
              Originally posted by MrPopup


              I wouldn't piss on that piece of shit if he was on fire.

              Comment

              • Sassyass
                Confirmed User
                • Dec 2002
                • 1101

                #8
                Originally posted by Martin
                Who cares.. Let the fucker rot..
                Filthy wife beater

                Comment

                • Webby
                  Too lazy to set a custom title
                  • Oct 2002
                  • 14956

                  #9
                  JOHN CARL Marquez, 36, was convicted of ?placing bodily fluid upon a government employee,? a felony that can carry a life sentence because of the possibility of transmitting a potentially deadly disease.
                  Fuck me... I like that!!

                  ?placing bodily fluid upon a government employee? - this is a crime punishable by a life term???? What a sad fucking society!

                  Irrespective of this guy's pathetic behaviour (and any "previous" he may have), - both the justice system and judge (if in fact he did issue a life sentence), illustrate how pathetic "justice" is in the US.. or at least in the State Oklahoma.

                  Sad fuckers the lot of em!

                  XXX TLD's - Another mosquito to swat.

                  Comment

                  • Elephant_Gut
                    Registered User
                    • Oct 2002
                    • 70

                    #10
                    Originally posted by Sassyass


                    Filthy wife beater
                    You people are retarded.

                    First of all he was arrested on "suspicion of beating his wife". He may or may not have beat his wife but getting life in prison for spitting on a cop is a complete disregard for the constitution and bill of rights. If you are actually applauding the conversion of America into a bannana republic then you deserve whatever gestapo-like treatment A-s-s-hahahahaha and Visa dole out on you.

                    Here is a future headline for you to ponder:



                    Pornographer Gets Life:

                    An adult webmaster was sentenced to life in prison today for displaying pictures of adults on his site that were made to look suspiciously young. Under COPA III passed by congress last year and recently upheld by the supreme court, if a panel of seven law enforcement officials consider a nude model to be too "young-looking" then an internet pornographer can be found guilty of child pornography.

                    When asked for comment, the author of the bill, Senator Neil Bush said, "I am happy this webmaster got life in prison. I would not even spit in that filthy pornographers direction. Plus it is a known fact that internet porn funds terrorism. American Express got out of the adult sector years ago and recently Paypal, Visa and Mastercard all followed suit. Life sentences will be the final nail in the coffin for this scourge on society known as internet porn"...
                    Elephant Gut
                    Yes I got a big Gut
                    Now Screw off!

                    Comment

                    • eroswebmaster
                      March 1st, 2003
                      • Jul 2001
                      • 20295

                      #11
                      Originally posted by Webby


                      Fuck me... I like that!!

                      ?placing bodily fluid upon a government employee? - this is a crime punishable by a life term???? What a sad fucking society!

                      Irrespective of this guy's pathetic behaviour (and any "previous" he may have), - both the justice system and judge (if in fact he did issue a life sentence), illustrate how pathetic "justice" is in the US.. or at least in the State Oklahoma.

                      Sad fuckers the lot of em!


                      Tell that to the jailers, and prison gaurds who have feces, urine and sperm thrown at them all the time.

                      It's not just "gross," but could be deadily. And with what we know of the incubation time for AIDS etc, who is to know whether or not that one bit of fluid fling isn't going to be the death of that officer.

                      while the law is extreme on the face of it, it's there for a reason.

                      I guarantee you if you were that officer and found out you contracted AIDS you'd probably want to beat that convict to death.

                      I sure as hell would.

                      edited to add: let's not forget about hepatitis as well as other communicable diseases.
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                      • eroswebmaster
                        March 1st, 2003
                        • Jul 2001
                        • 20295

                        #12
                        Originally posted by Elephant_Gut


                        fill in extreme nonsensical bullshit here
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                        • Undutchable
                          Registered User
                          • Jun 2002
                          • 2217

                          #13
                          Originally posted by Martin
                          Who cares.. Let the fucker rot..
                          Yeah right, fucking cops, I'd spit on those fuckers too. Since when does insulting a person carry a life sentence? Transmitting a potentially deadly disease my ass

                          Comment

                          • Beastiepoo
                            Confirmed User
                            • Mar 2002
                            • 1971

                            #14
                            The man was sentanced to the maximum term because he had previous convictions. Didn't ANYONE read the whole article?
                            Dammit! My timing SUCKS!
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                            • Romeo_CandidCam
                              Confirmed User
                              • Oct 2001
                              • 1207

                              #15
                              Beat your wife get a year in prison....... Spit on the cop that arrests you and get life
                              Brian C aka Romeo
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                              • Sly_RJ
                                Live Hard - Die Hard
                                • Feb 2002
                                • 17042

                                #16
                                Originally posted by Beastiepoo
                                The man was sentanced to the maximum term because he had previous convictions. Didn't ANYONE read the whole article?
                                Reading involves a brain.
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                                • hardjoko1
                                  Registered User
                                  • May 2003
                                  • 90

                                  #17
                                  Wow, I wonder what thieves that stole my property will get? I mean technically stealing can cause the victim goes berserk causing a lot casualties.

                                  Also, what about sneezing or puking in front of officer, undeliberately of course.

                                  Comment

                                  • eroswebmaster
                                    March 1st, 2003
                                    • Jul 2001
                                    • 20295

                                    #18
                                    Originally posted by hardjoko1


                                    Also, what about sneezing or puking in front of officer, undeliberately of course.
                                    You already answered your own question.
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                                    • twistyneck
                                      So Fucking Banned
                                      • Jan 2002
                                      • 4660

                                      #19
                                      Originally posted by Beastiepoo
                                      The man was sentanced to the maximum term because he had previous convictions. Didn't ANYONE read the whole article?
                                      Shouldn't matter. He got life in prison for spitting on a pig when he should have been given a medal.

                                      Comment

                                      • XYCash
                                        Confirmed User
                                        • Jun 2003
                                        • 582

                                        #20
                                        Originally posted by Beastiepoo
                                        The man was sentanced to the maximum term because he had previous convictions. Didn't ANYONE read the whole article?
                                        regardless...spitting on a government official can carry a life sentence.

                                        JOHN CARL Marquez, 36, was convicted of ?placing bodily fluid upon a government employee,? a felony that can carry a life sentence because of the possibility of transmitting a potentially deadly disease
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                                        • Elephant_Gut
                                          Registered User
                                          • Oct 2002
                                          • 70

                                          #21
                                          Originally posted by eroswebmaster



                                          Tell that to the jailers, and prison gaurds who have feces, urine and sperm thrown at them all the time.

                                          It's not just "gross," but could be deadily. And with what we know of the incubation time for AIDS etc, who is to know whether or not that one bit of fluid fling isn't going to be the death of that officer.

                                          while the law is extreme on the face of it, it's there for a reason.

                                          I guarantee you if you were that officer and found out you contracted AIDS you'd probably want to beat that convict to death.

                                          I sure as hell would.

                                          edited to add: let's not forget about hepatitis as well as other communicable diseases.
                                          Right. Another moron following the rest of the sheep into the bannana republic.

                                          You are a complete retard. If he tried to inject the cop with an AIDS filled syringe that would be one thing. But spitting on someone with non-diseased saliva rises to the level of perhaps a fine, community service or a few months in jail at most (if he had prior convictions which he seems to have had). But life in prison is so out of proportion that is defies all common sense.

                                          I'll say it again. You are a moron and if you live in America, you don't deserve to. Move to China. You'll fit right in there.

                                          Moron.
                                          Elephant Gut
                                          Yes I got a big Gut
                                          Now Screw off!

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                                          • Mr.Fiction
                                            Confirmed User
                                            • Feb 2002
                                            • 9484

                                            #22
                                            What a joke.
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                                            • eroswebmaster
                                              March 1st, 2003
                                              • Jul 2001
                                              • 20295

                                              #23
                                              Originally posted by Beastiepoo
                                              The man was sentanced to the maximum term because he had previous convictions. Didn't ANYONE read the whole article?
                                              doesn't matter...what's being debated is this part:

                                              ?placing bodily fluid upon a government employee,? a felony that can carry a life sentence because of the possibility of transmitting a potentially deadly disease.
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                                              • eroswebmaster
                                                March 1st, 2003
                                                • Jul 2001
                                                • 20295

                                                #24
                                                Originally posted by Elephant_Gut


                                                Right. Another moron following the rest of the sheep into the bannana republic.

                                                You are a complete retard. If he tried to inject the cop with an AIDS filled syringe that would be one thing. But spitting on someone with non-diseased saliva rises to the level of perhaps a fine, community service or a few months in jail at most (if he had prior convictions which he seems to have had). But life in prison is so out of proportion that is defies all common sense.

                                                I'll say it again. You are a moron and if you live in America, you don't deserve to. Move to China. You'll fit right in there.

                                                Moron.

                                                How is anyone to know it is "non-diseased."

                                                This officer will have to take aids tests for quite some time now to determine that.

                                                What do you do wait for the prisoner, or the detainee to start showing signs of infection before you bring up charges?

                                                or do you wait until he tests positive which could take years to bring up charges?

                                                No dipshit....this law was put into place to protect people who deal with a sector of society that has up to 5 x's the normal infection rate.

                                                You go do the job, you take the shit flinging, the urine flinging, the sperm flinging and then come back and tell us it only warrants a small time in jail.
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                                                • Elephant_Gut
                                                  Registered User
                                                  • Oct 2002
                                                  • 70

                                                  #25
                                                  Originally posted by XYCash


                                                  regardless...spitting on a government official can carry a life sentence.

                                                  JOHN CARL Marquez, 36, was convicted of ?placing bodily fluid upon a government employee,? a felony that can carry a life sentence because of the possibility of transmitting a potentially deadly disease
                                                  That's exactly the point. This law places government officials in some kind of sacred position. Think of all the crimes one can do and what the prison sentence is. Even manslaughter will not get you life in most cases.

                                                  But spit on a cop, judge or even civil service and get life?!?! This is what the Soviet Union used to do.
                                                  Elephant Gut
                                                  Yes I got a big Gut
                                                  Now Screw off!

                                                  Comment

                                                  • eroswebmaster
                                                    March 1st, 2003
                                                    • Jul 2001
                                                    • 20295

                                                    #26
                                                    Originally posted by Elephant_Gut


                                                    I'll take "get a clue" for $100 Alex
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                                                    • kmanrox
                                                      aka K-Man
                                                      • Oct 2001
                                                      • 29295

                                                      #27
                                                      that doesn't sound like too stiff a sentence when you put into perspective if he had done it to me he'd have received an immediate death sentence
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                                                      • Sly_RJ
                                                        Live Hard - Die Hard
                                                        • Feb 2002
                                                        • 17042

                                                        #28
                                                        It's a crock of shit, really, but for some crazy reason I think there's much more to the story that the MEDIA isn't reporting. Remember, this is the MEDIA. We don't believe everything they say, remember? They're full of right-wing propaganda.

                                                        He's not going to get life in prison, so chill the fuck out.
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                                                        • eroswebmaster
                                                          March 1st, 2003
                                                          • Jul 2001
                                                          • 20295

                                                          #29
                                                          What about double jeopardy?

                                                          here's a what if for you.

                                                          What if Joe Wife Beater is being arrested and spits on Officer Jones and is tried and convicted of simple assault and serves his 3 months in jail and probation.

                                                          6 months later, Officer Jones during a routine health check tests positive for Hepatitis C, or 10 year laters tests postive for AIDS.

                                                          What recourse does the criminal justice system have now?

                                                          Now let's say Officer Jones dies because of this Hep C or AIDS?

                                                          Once again, what recourse does the criminal justice system have now?

                                                          Let's say they could even prove where the hep c or AIDS came from...once again what recourse does this officer or the criminal justice system have?
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                                                          • Webby
                                                            Too lazy to set a custom title
                                                            • Oct 2002
                                                            • 14956

                                                            #30

                                                            Tell that to the jailers, and prison gaurds who have feces, urine and sperm thrown at them all the time.

                                                            It's not just "gross," but could be deadily. And with what we know of the incubation time for AIDS etc, who is to know whether or not that one bit of fluid fling isn't going to be the death of that officer.

                                                            while the law is extreme on the face of it, it's there for a reason.

                                                            I guarantee you if you were that officer and found out you contracted AIDS you'd probably want to beat that convict to death.

                                                            I sure as hell would.

                                                            edited to add: let's not forget about hepatitis as well as other communicable diseases.
                                                            Perhaps if the US "justice system" was not in the habit of locking people up the jailers would have an easier time. (You know the US locks up about seven times more than any other country on the planet??)

                                                            Yea.. the law is fucking extreme! It is another of these neurotic US jokes!

                                                            As for communicable diseases... gimme a break!! This is another law invented by idiots - but sure makes for another nice law suit.

                                                            Ever thought of having a health system and treating folks with diseases or is that something else alien to the culture?

                                                            As the saying goes - "It can only happen in the US"
                                                            XXX TLD's - Another mosquito to swat.

                                                            Comment

                                                            • scoreman
                                                              Confirmed User
                                                              • Nov 2001
                                                              • 1491

                                                              #31
                                                              This will be attacked as an 8th amendment violation (forbidding cruel and unusual punishment). How can this be seen as anything but unusual and excessive, especially in light of the fact that no diseases were transmitted, thus going right to the heart of the intent of the law as formulated by the Oklahoma legislature?

                                                              Comment

                                                              • eroswebmaster
                                                                March 1st, 2003
                                                                • Jul 2001
                                                                • 20295

                                                                #32
                                                                Originally posted by Webby


                                                                Perhaps if the US "justice system" was not in the habit of locking people up the jailers would have an easier time. (You know the US locks up about seven times more than any other country on the planet??)

                                                                Yea.. the law is fucking extreme! It is another of these neurotic US jokes!

                                                                As for communicable diseases... gimme a break!! This is another law invented by idiots - but sure makes for another nice law suit.

                                                                Ever thought of having a health system and treating folks with diseases or is that something else alien to the culture?

                                                                As the saying goes - "It can only happen in the US"
                                                                Nothing you have said here makes a bit of sense in the context of this discussion.

                                                                #1 There will always be prisons and prisoners so it doesn't matter how many there are, the jailers will always have to deal with them.

                                                                #2 Read some stats regarding tubercelosis, hepatitis c and HIV and their prevalence in the prison community.

                                                                #3 And what does having a health system have to do with what goes on inside a prison?
                                                                They treat prisoners, but it doesn't mean they aren't infectious.

                                                                Once again, go do their job and when you get the first pile of shit flung across your lips, or the first bit of spooge lands on your nose come back and tell us all how it only warrants a small time in jail or better yet..."community service."

                                                                This law was put into place as a deterent. A friend of mine works in the Dallas county jail system and my aunt is a probation officer...this law is there so they can look some punk ass convict in the eyes and say "pull that shit and you'll never see the light of day."
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                                                                • eroswebmaster
                                                                  March 1st, 2003
                                                                  • Jul 2001
                                                                  • 20295

                                                                  #33
                                                                  Originally posted by scoreman
                                                                  This will be attacked as an 8th amendment violation (forbidding cruel and unusual punishment). How can this be seen as anything but unusual and excessive, especially in light of the fact that no diseases were transmitted, thus going right to the heart of the intent of the law as formulated by the Oklahoma legislature?
                                                                  Once again how can you tell no diseases were transmitted?

                                                                  What's the incubation period for AIDS? Tubercelosis? Hepatitis?
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                                                                  • XYCash
                                                                    Confirmed User
                                                                    • Jun 2003
                                                                    • 582

                                                                    #34
                                                                    Originally posted by Sly_RJ
                                                                    It's a crock of shit, really, but for some crazy reason I think there's much more to the story that the MEDIA isn't reporting. Remember, this is the MEDIA. We don't believe everything they say, remember? They're full of right-wing propaganda.

                                                                    He's not going to get life in prison, so chill the fuck out.
                                                                    §21.20.650.9 - Unlawful for Person in Custody to Transfer Bodily Fluids upon State Employee

                                                                    Every person in the custody of the state, a county or city or a contractor of the state, a county or a city who throws, transfers or in any manner places feces, urine, semen, saliva or blood upon the person of an employee of the state, a county or a city or an employee of a contractor of the state, a county or a city shall, upon conviction thereof, be guilty of a felony.

                                                                    Andy's note:
                                                                    Not to be funny or anything, but wouldn't this illegalize marital sex with any state employee? Wouldn't this therefore end the procreation of state employees?


                                                                    http://jenningscc.com/TaeKwonDo/Laws%20-%20OK.htm
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                                                                    • directfiesta
                                                                      Too lazy to set a custom title
                                                                      • Oct 2002
                                                                      • 30266

                                                                      #35
                                                                      don't spit on a cop! Hit him with a baseball bat. You will serve less time...

                                                                      I know that Asspimple is stoopid ... As he says, it is a FACT !

                                                                      But I can't figure out how he can breathe or type , at the same time ....

                                                                      Comment

                                                                      • scoreman
                                                                        Confirmed User
                                                                        • Nov 2001
                                                                        • 1491

                                                                        #36
                                                                        Originally posted by eroswebmaster
                                                                        What about double jeopardy?

                                                                        here's a what if for you.

                                                                        What if Joe Wife Beater is being arrested and spits on Officer Jones and is tried and convicted of simple assault and serves his 3 months in jail and probation.

                                                                        6 months later, Officer Jones during a routine health check tests positive for Hepatitis C, or 10 year laters tests postive for AIDS.

                                                                        What recourse does the criminal justice system have now?

                                                                        Now let's say Officer Jones dies because of this Hep C or AIDS?

                                                                        Once again, what recourse does the criminal justice system have now?

                                                                        Let's say they could even prove where the hep c or AIDS came from...once again what recourse does this officer or the criminal justice system have?
                                                                        Double jeopardy would not be an issue here. What they would do is to defer sentencing pending test results. Upon conviction the defendant would likely have any bond revoked and the judge could hold him in the local county jail while the testing period ran.

                                                                        Comment

                                                                        • beergood
                                                                          Confirmed User
                                                                          • Jun 2003
                                                                          • 2918

                                                                          #37
                                                                          agreed. Jury will never buy that bullshit.
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                                                                          Comment

                                                                          • Sly_RJ
                                                                            Live Hard - Die Hard
                                                                            • Feb 2002
                                                                            • 17042

                                                                            #38
                                                                            Originally posted by XYCash


                                                                            §21.20.650.9 - Unlawful for Person in Custody to Transfer Bodily Fluids upon State Employee

                                                                            Every person in the custody of the state, a county or city or a contractor of the state, a county or a city who throws, transfers or in any manner places feces, urine, semen, saliva or blood upon the person of an employee of the state, a county or a city or an employee of a contractor of the state, a county or a city shall, upon conviction thereof, be guilty of a felony.

                                                                            Andy's note:
                                                                            Not to be funny or anything, but wouldn't this illegalize marital sex with any state employee? Wouldn't this therefore end the procreation of state employees?


                                                                            http://jenningscc.com/TaeKwonDo/Laws%20-%20OK.htm
                                                                            That's great. But again, he's not going to serve life for this.
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                                                                            • Webby
                                                                              Too lazy to set a custom title
                                                                              • Oct 2002
                                                                              • 14956

                                                                              #39
                                                                              This will be attacked as an 8th amendment violation (forbidding cruel and unusual punishment). How can this be seen as anything but unusual and excessive, especially in light of the fact that no diseases were transmitted, thus going right to the heart of the intent of the law as formulated by the Oklahoma legislature?
                                                                              Sadly I can't see much of the Constitution still standing in the manner in which it was intended. It has been ransacked ten times over - especially recently. There are no "freedoms' any more.

                                                                              On a "human rights" angle... there is no defence for asshole behaviour, - but the US still never agreed to any "human rights".
                                                                              Almost all "civilized" countries in the world signed a human rights treaty - apart from the US.

                                                                              I got little doubt that if this guy did convey some disease to the cop, there would be recourse without that stupid law.
                                                                              XXX TLD's - Another mosquito to swat.

                                                                              Comment

                                                                              • Webby
                                                                                Too lazy to set a custom title
                                                                                • Oct 2002
                                                                                • 14956

                                                                                #40
                                                                                Sly_RJ:

                                                                                That's great. But again, he's not going to serve life for this.
                                                                                Mmm.. don't think it matters that in real life, he may not serve a life term. Tis the law that is more than questionable
                                                                                XXX TLD's - Another mosquito to swat.

                                                                                Comment

                                                                                • eroswebmaster
                                                                                  March 1st, 2003
                                                                                  • Jul 2001
                                                                                  • 20295

                                                                                  #41
                                                                                  Originally posted by scoreman


                                                                                  Double jeopardy would not be an issue here. What they would do is to defer sentencing pending test results. Upon conviction the defendant would likely have any bond revoked and the judge could hold him in the local county jail while the testing period ran.
                                                                                  I think you missed my point.

                                                                                  People were saying all it deserved was a small amount of jail time and/or community service.

                                                                                  Once convicted of the crime the offender would not be able to be tried again.

                                                                                  Now let's discuss what you just stated..."pending test results."

                                                                                  How long will this sentence be "pending."

                                                                                  6 months? 1 year? 10 years? What's the incubation period for AIDS? Tubercelosis?

                                                                                  Once again this law was enacted as a deterrent. This kind of stuff goes on alot in jails and prisons. The fluid flinging that is.
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                                                                                  • scoreman
                                                                                    Confirmed User
                                                                                    • Nov 2001
                                                                                    • 1491

                                                                                    #42
                                                                                    Originally posted by XYCash


                                                                                    §21.20.650.9 - Unlawful for Person in Custody to Transfer Bodily Fluids upon State Employee

                                                                                    Every person in the custody of the state, a county or city or a contractor of the state, a county or a city who throws, transfers or in any manner places feces, urine, semen, saliva or blood upon the person of an employee of the state, a county or a city or an employee of a contractor of the state, a county or a city shall, upon conviction thereof, be guilty of a felony.

                                                                                    Andy's note:
                                                                                    Not to be funny or anything, but wouldn't this illegalize marital sex with any state employee? Wouldn't this therefore end the procreation of state employees?


                                                                                    http://jenningscc.com/TaeKwonDo/Laws%20-%20OK.htm
                                                                                    The key words you are overlooking are "in the custody of the state". I think you will only find husbands and wives playing the role of correctional officer for their spouse after they tire of the french maid and school teacher outfits at home and not in a real state prison.

                                                                                    Comment

                                                                                    • Porndealer
                                                                                      Confirmed User
                                                                                      • Jun 2003
                                                                                      • 248

                                                                                      #43
                                                                                      Originally posted by Beastiepoo
                                                                                      Didn't ANYONE read the whole article?
                                                                                      No, I didn't

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                                                                                      • XYCash
                                                                                        Confirmed User
                                                                                        • Jun 2003
                                                                                        • 582

                                                                                        #44
                                                                                        Originally posted by scoreman


                                                                                        The key words you are overlooking are "in the custody of the state". I think you will only find husbands and wives playing the role of correctional officer for their spouse after they tire of the french maid and school teacher outfits at home and not in a real state prison.
                                                                                        Wasn't my comment - comment was from the guy who has the list of laws
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                                                                                        • Hammer
                                                                                          Confirmed User
                                                                                          • Apr 2003
                                                                                          • 961

                                                                                          #45
                                                                                          The really great thing about this law is that now it makes it legal for me to kill someone that spit on me because I will claim it was self defense. After all, if spitting on a cop is attempted murder then it's attempted murder to spint on anyone.
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                                                                                          • XYCash
                                                                                            Confirmed User
                                                                                            • Jun 2003
                                                                                            • 582

                                                                                            #46
                                                                                            Originally posted by The Hammer
                                                                                            The really great thing about this law is that now it makes it legal for me to kill someone that spit on me because I will claim it was self defense. After all, if spitting on a cop is attempted murder then it's attempted murder to spint on anyone.
                                                                                            lol...you're just trying to egg me on
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                                                                                            • scoreman
                                                                                              Confirmed User
                                                                                              • Nov 2001
                                                                                              • 1491

                                                                                              #47
                                                                                              Originally posted by eroswebmaster


                                                                                              I think you missed my point.

                                                                                              People were saying all it deserved was a small amount of jail time and/or community service.

                                                                                              Once convicted of the crime the offender would not be able to be tried again.

                                                                                              Now let's discuss what you just stated..."pending test results."

                                                                                              How long will this sentence be "pending."

                                                                                              6 months? 1 year? 10 years? What's the incubation period for AIDS? Tubercelosis?

                                                                                              Once again this law was enacted as a deterrent. This kind of stuff goes on alot in jails and prisons. The fluid flinging that is.
                                                                                              This would be a sentencing issue is what I was getting at, not double jeopardy. Having only a bar number in Florida and not Ok I am unsure as to the flexibility afforded the judges in Oklahoma City, but in Florida there is wide latitude in sentencing, especially in the case where the damage to the victim in not yet determined.

                                                                                              Lets play this out and say that he did transmit a fatal disease, and the corrections officer in fact succumbed to this. There is no statute of limitations for murder and felony murder (where the defendant causes a death in the commission of a felony) would also provide a low hurdle for prosecutors.

                                                                                              What I am getting at here is that the punishment is excessive. Even considering the deterrence factor, even considering the latency of some of the diseases in question, a life sentence in this case seems to be an automatic reversal on appeal on constitutional grounds alone.

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                                                                                              • eroswebmaster
                                                                                                March 1st, 2003
                                                                                                • Jul 2001
                                                                                                • 20295

                                                                                                #48
                                                                                                Originally posted by scoreman


                                                                                                This would be a sentencing issue is what I was getting at, not double jeopardy. .
                                                                                                Okay once again, my point was addressed to someone who said that if convicted they should only be given a small amount of time and/or community service.

                                                                                                I am no lawyer, and the law can be such a confusing thing but when I read the definition of double jeopardy:

                                                                                                DOUBLE JEOPARDY - Being tried twice for the same offense; prohibited by the 5th Amendmentto the U.S. Constitution. '[T]he Double Jeopardy Clause protects against three distinct abuses: [1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense.' U.S. v. Halper, 490 U.S. 435, 440 (1989
                                                                                                What I see is someone cannot be tried for the same offense whether it is after acquittal, or after conviction.

                                                                                                Maybe my confusion might lie in what they mean by "being tried twice for the same offense."

                                                                                                does that mean the same crime? or can it be the same crime just different charges?

                                                                                                in other words if the guy spits on the officer and is convicted of assault and serves his punishment can he then be tried and convicted of murder or manslaughter if the officer dies 5 years later? Or would that constitute double jeopardy?

                                                                                                That's what I was addressing.
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                                                                                                • scoreman
                                                                                                  Confirmed User
                                                                                                  • Nov 2001
                                                                                                  • 1491

                                                                                                  #49
                                                                                                  Originally posted by eroswebmaster


                                                                                                  What I see is someone cannot be tried for the same offense whether it is after acquittal, or after conviction.

                                                                                                  Maybe my confusion might lie in what they mean by "being tried twice for the same offense."

                                                                                                  does that mean the same crime? or can it be the same crime just different charges?

                                                                                                  in other words if the guy spits on the officer and is convicted of assault and serves his punishment can he then be tried and convicted of murder or manslaughter if the officer dies 5 years later? Or would that constitute double jeopardy?

                                                                                                  That's what I was addressing.
                                                                                                  This exact issue has been litigated before and in every case in my memory the courts sided with the State's right to file the new charge. The theory is that a new crime was finally consummated when the person died. The last case i remember on this was Venn v. State of Michigan.

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                                                                                                  • directfiesta
                                                                                                    Too lazy to set a custom title
                                                                                                    • Oct 2002
                                                                                                    • 30266

                                                                                                    #50
                                                                                                    3 series of Law & Order on TV and you still debate about adding charges if somebody dies after being in the coma or similar...

                                                                                                    Watch TNT weekdaiys at 7:00, 8:00, 9:00 , Bravo at 10:00 and so on...
                                                                                                    I know that Asspimple is stoopid ... As he says, it is a FACT !

                                                                                                    But I can't figure out how he can breathe or type , at the same time ....

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