It appeared to be the perfect spot to grab a quick bite to eat before the end of an inexpensive date for two teenagers. But then something went wrong.
The water was beautiful and the boat beckoned to two teens out on a late summer night date. The teens wanted to finish their date in style. They hopped aboard the boat to eat their meals from a local fast-food restaurant and to click some selfies to remember this night.
But when the camera flashed, the teens were surprised by the family of five who were woken up by the flash of their camera at 2 a.m. The frightened teens fled but left their fast-food bags on the boat, including the receipts.
From these receipts, local officers in Norwalk, Connecticut were able to track down the teens. The full story can be found at The Hour (The Hour, http://www.thehour.com)
News reports of this incident indicate that the teens now face charges of breach of peace and criminal trespass.
In California, the charge of disturbing the peace is found in Penal Code section 415, which provides, “Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both. . :
(1) Any person who unlawfully fights in a public place or
challenges another person in a public place to fight.
(2) Any person who maliciously and willfully disturbs another
person by loud and unreasonable noise.
(3) Any person who uses offensive words in a public place which
are inherently likely to provoke an immediate violent reaction.
Willfully is defined in Penal Code section 7, subdivision (1), as “a purpose or willingness to
commit the act, or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage.”
Maliciously is defined in Penal Code section 7, subdivision (4), as “a wish to vex,
annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.”
Thus, although the flash woke up the family of five, the teenagers probably would not be charged with disturbing the peace here because if they were it could be argued that the teens were not acting willfully and maliciously because they were not aware of the family’s presence on the boat. Also, the defense attorney might also argue that the family was disturbed the the “flash” of the camera, not by the noise the teens made.
Also, trespass in California is found in Penal Code section 602. Penal Code section 602, subdivision (m), provides that one type of trespass is, “Entering and occupying real property or structures of any kind without the consent of the owner, the owner's agent, or the person in lawful possession.” Most trespasses are charged as misdemeanors, which means, if convicted, a defendant can be sentenced to up to six month in jail or ordered to pay a fine up to $1,000, or receive both a jail sentence and a fine. However, a motion can usually be made to reduce a misdemeanor trespass to an infraction.
copyright © 2015 Christine Esser
The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney-client relationship is only established when a written retainer has been signed.
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