14 yr old pilot

Larry Dighera wrote:

Read it again. I have seen no evidence that the 14 year old used
force in any way with regard to the aircraft.

Section 13A-8-3
Theft of property in the first degree.
(a) The theft of property which exceeds two thousand five hundred dollars
($2,500) in value, or property of any value taken from the person of another,
constitutes theft of property in the first degree.

(b) The theft of a motor vehicle, regardless of its value, constitutes theft of
property in the first degree.

(c) Theft of property in the first degree is a Class B felony.

Ok, I read it again. Where does force come into the matter?

George Patterson
Why do men's hearts beat faster, knees get weak, throats become dry,
and they think irrationally when a woman wears leather clothing?
Because she smells like a new truck.

John Larson wrote:

If he stole the plane, and then went joyriding in it, that's not a theft in
most States either.

That's grand theft in every State in which I've lived. That would be Tennessee,
Georgia, both Carolinas, and New Jersey.

How the hell can anyone say with a straight face that stealing isn't theft?

George Patterson
Why do men's hearts beat faster, knees get weak, throats become dry,
and they think irrationally when a woman wears leather clothing?
Because she smells like a new truck.

"George Patterson" wrote in message
news:YjCte.3$Z.1@trndny05...
John Larson wrote:

If he stole the plane, and then went joyriding in it, that's not a theft
in most States either.

How the hell can anyone say with a straight face that stealing isn't
theft?

In many states, the law distinguishes unauthorized use from theft. If you
intend to keep it (or to destroy it, or to pass it on to someone else), then
you've stolen it; if you just intend to ride around briefly and let the
owner have it back, then you've made unauthorized use of it, which is a
lesser offense. (I'm not sure how the burden of evidence works with regard
to that distinction.)

That's grand theft in every State in which I've lived. That would be
Tennessee, Georgia, both Carolinas, and New Jersey.

Are you sure? How do you know?

--Gary

Gary Drescher wrote:

"George Patterson" wrote in message
news:YjCte.3$Z.1@trndny05...

John Larson wrote:

If he stole the plane, and then went joyriding in it, that's not a theft
in most States either.

How the hell can anyone say with a straight face that stealing isn't
theft?


In many states, the law distinguishes unauthorized use from theft. If you
intend to keep it (or to destroy it, or to pass it on to someone else), then
you've stolen it; if you just intend to ride around briefly and let the
owner have it back, then you've made unauthorized use of it, which is a
lesser offense. (I'm not sure how the burden of evidence works with regard
to that distinct
Peoples' Republic of MA doesn't want kids to have their records ruined
by a grand theft conviction. So they invented "unauthorized use".

Personally, and I know you didn't ask, I think felony convictions should
be tattooed between the 8th and 9th ribs. This area is the least likely
to be damanged in accidents. If guy is a multiple offender or there is
evidence of a scar because a previous tattoo has been removed, fire up
Old Sparky.

__________________________________________________ _____________________________
William W. ("Bill") Plummer
7 Country Club Drive
Chelmsford, MA 01824
978-256-9570

I think it'd be a pretty stupid 14 year old that would think he could get into a plane , with no training, and not cause any damage.

Actually, it would probably be a pretty typical 14 year old.

Jose
--
My other car is up my nose.
for Email, make the obvious change in the address.

Gary Drescher wrote:
"George Patterson" wrote in message
news:YjCte.3$Z.1@trndny05...

John Larson wrote:

If he stole the plane, and then went joyriding in it, that's not a theft
in most States either.

....

That's grand theft in every State in which I've lived. That would be
Tennessee, Georgia, both Carolinas, and New Jersey.

Are you sure? How do you know?

Well, let's look.

In Georgia, section 16-8 of the criminal code defines theft as permanently or
temporarily depriving the owner of his property. It is considered a felony if
the value of the item is greater than $500 or if the item is a motor vehicle.

In Tennessee, section 55-5-104 defines taking a vehicle for the purposes of
joyriding as a class-E felony. The aircraft is not defined as a motor vehicle
and falls under the grand larceny section. Warning - this is the slowest web
site it has been my misfortune to encounter in over 10 years.

North Carolina does not post the criminal code (except for an excerpt dealing
with student offenses).

In South Carolina, section 16-21-60 defines taking a vehicle for the purposes of
joyriding as a misdemeanor. Theft of any other item worth over $1,000 is defined
as a felony in section 16-13-30. The plane is not defined as a motor vehicle.

In New Jersey, section 2C:20-10 states that temporary use of a motor vehicle
without permission is a "3rd-degree offense." Temporary use of a conveyance such
as an aircraft would be a "4th-degree offense." In this case, of course, it's
grand theft (a 3rd degree offense) because he totalled it out and can't return
it. You can find that in sections 2C:18-6, 2C:20-1, and 2C:20-2.

New Jersey does not break down crimes in the same way that other States do; all
offenses from 1st degree to 4th degree are considered "crimes" or "high
misdemeanors" and carry the penalties defined for felonies in other States.
Non-felonies are termed "disorderly person offenses" or "misdemeanors" and are
not considered crimes by the State. Disorderly person offenses carry sentences
of 6 months or less. Crimes carry sentences of 1 year or more. Most of that is
in section 2C:1-4.

George Patterson
Why do men's hearts beat faster, knees get weak, throats become dry,
and they think irrationally when a woman wears leather clothing?
Because she smells like a new truck.

"George Patterson" wrote in message
news:IcFte.33$PZ6.19@trndny08...
Gary Drescher wrote:
"George Patterson" wrote in message
news:YjCte.3$Z.1@trndny05...

John Larson wrote:

If he stole the plane, and then went joyriding in it, that's not a theft
in most States either.

That's grand theft in every State in which I've lived. That would be
Tennessee, Georgia, both Carolinas, and New Jersey.

Are you sure? How do you know?

Well, let's look.
...

Cool, thanks for the useful info!

However, in the TN code, I find:
"39-14-106. Unauthorized use of automobiles and other vehicles--Joyriding. A
person commits a Class A misdemeanor who takes another's automobile,
airplane, motorcycle, bicycle, boat or other vehicle without the consent of
the owner and the person does not have the intent to deprive the owner
thereof."

Note that a crash that destroys the vehicle would not keep the joyriding
statute from being applicable, unless the perpetrator had the *intent* to
cause such a crash.

I haven't checked the other states' statutes, but suffice it to say that
even among the states you've lived in, it is not unheard of for the law to
consider unauthorized joyriding in a car or plane to be less serious than
grand theft.

--Gary

"Gary Drescher" wrote in message
...
"George Patterson" wrote in message

Well, let's look.
...

Cool, thanks for the useful info!

However, in the TN code, I find:
"39-14-106. Unauthorized use of automobiles and other vehicles--Joyriding.
A
person commits a Class A misdemeanor who takes another's automobile,
airplane, motorcycle, bicycle, boat or other vehicle without the consent
of
the owner and the person does not have the intent to deprive the owner
thereof."

He didn't _intend_ to take the car, the car just swept him up and drove off
down the road with him...


Note that a crash that destroys the vehicle would not keep the joyriding
statute from being applicable, unless the perpetrator had the *intent* to
cause such a crash.

I haven't checked the other states' statutes, but suffice it to say that
even among the states you've lived in, it is not unheard of for the law to
consider unauthorized joyriding in a car or plane to be less serious than
grand theft.

Well, many states finding figured out that downplaying car theft to
"joyriding" had averse effect and now charge a felony.

IOW, coddling criminals begets further criminal activity. Such is why Rudy
Guliiani had the success he did as NYC mayor.

"Matt Barrow" wrote in message
...
Well, many states finding figured out that downplaying car theft to
"joyriding" had averse effect

Evidence please?

"Gary Drescher" wrote in message
...
"Matt Barrow" wrote in message
...
Well, many states finding figured out that downplaying car theft to
"joyriding" had averse effect

Evidence please?

Well, in the early 90's, Colorado boosted their law on auto theft for that
reason. And I understand Arizona did likewise in the mid 90's. I suspect
there's more than just the two I'm familiar with.