Comment Re:Name of the Computer Project (Score 1) 223
Did I catch a "niner" in there?
Did I catch a "niner" in there?
In KY, a fence is a sufficient notice against trespass (class 2 criminal trespass)
Mom still keeps you locked in the basement, huh?
Really - get out more. I know everyone on my street, at least by sight if not all by name. I know almost everyone on the next street down, at least for a block in each direction. Then again, I don't walk around with a shotgun on my shoulder so I guess I tend to be more approachable than the typical NRA fuckwad.
I use the capslock all the time. Of course I'm an engineer and I switch between documents (regular case) and drawings (all upper case) so it gets a pretty big workout. Gotta say the same for my right mouse button - and the center scroll, tool. NumLock, though - that's a pretty rare beast for me; typically only gets used when it's accidentally turned off.
No, they can't. They require a failure of either one critical component or two secondary ones. And there are drones which are one fault tolerant as well.
The shooter created the fault which made the craft unstable/dangerous to those around him. It would be like me cutting your break lines after you parked your POS car in front of my house for the 4th time this week. I mean, you could hit some 5 year old crossing the street to go to school in that thing. But if I make sure you crash it tomorrow morning on your way out of the neighborhood, I can effectively saved that poor 5 year old that could have died at any moment from your POS rattletrap of a vehicle? I don't think so.
Shotgun shot is harmless
Tell that to Harry Whittington.
You think the pilot *wasn't* a neighbor?
It might. It would be second degree criminal trespass if the prosecution can show that the drone was synonymous with the pilot. Trespass in KY requires that a person be present on the land or in the dwelling.
"upon another person" - that will be a sticking point, and without case law to say that an owned device is a person it will likely fail on a techincality in civil court.
"A person is guilty of criminal trespass in the second degree when he knowingly
enters or remains unlawfully in a building or upon premises as to which notice
against trespass is given by fencing or other enclosure. "
The drone operator would have had to *known* that he was over that persons property to be in violation.
So the shooter will have to prove that the firing of his weapon was "immediately necessary" to prevent the trespass, and he would have to prove that the pilot *knew* he was trespassing.
One item you excluded is that "physical force" does *not* included deadly force. Deadly force is defined in 503.010 (1), and is distinct and separate from 503.010 (4) which defines physical force.
My money is on the pilot
When seconds count, a clown with a balloon is just minutes away.
Guns don't kill people; drones kill people.
If you shoot and injure (or kill) a 15 year old running across your lawn to get to his house, even if he stopped to look at your prized rose collection - or your daughter sunbathing - you will be charged and most likely convicted.
If you shoot and injure (or kill) a 15 year old who has walked in your back door in the middle of the night, but is otherwise unarmed and not a direct threat, you will be charged. Whether you go to jail or not will depend on a lot of factors, but you will probably also be a defendant in a civil suit which, if case law is any guide, you *will* lose.
If you shoot and injure (or kill) a 15 year old who is running at you with a knife and appears intent on causing you bodily harm, you will be charged. But you will also be allowed to argue that you were acting in self-defense. If the jury believes you, you will go free.
It's how the legal system in the US works. If you didn't learn this in high school, you simply didn't listen to what was taught to you in the most basic of civics classes.
Many states require that a No Trespassing sign be posted for criminal trespass to occur. Kentucky does not require such a notice, but it DOES define trespassing in the first and third degress as being ulawfully *in a dwelling*. Second degree trespass is as close as he might get. I quoteth the law:
A person is guilty of criminal trespass in the second degree when he knowingly
enters or remains unlawfully in a building or upon premises as to which notice
against trespass is given by fencing or other enclosure.
(2) Criminal trespass in the second degree is a Class B misdemeanor.
Emphasis is mine. As to whether a telepresence (drone) constitutes a "person...upon the premises" will no doubt be the subject for his lawyer and the prosecution to discuss. At several hundred dollars an hour.
I have. Even when firing into the sky, the first rule is to ensure that there are no hazards down range regardless of your firing trajectory. If you trip or get startled there is a finite probability that you will fire downrange at an angle that will put anyone that direction at risk. Have you never take a gun safety course?
Or the FCC finds out. They frown on such things, and their penalties start in the 5 figure range, or federal PMITA prison.
Intel CPUs are not defective, they just act that way. -- Henry Spencer