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Using a bag twisty to hold a gate is considered _exactly_ the same as a chain and a padlock for the purposes of trespassing. If it's clear to you that you aren
by raganwald 16y ago
Using a bag twisty to hold a gate is considered _exactly_ the same as a chain and a padlock for the purposes of trespassing.
If it's clear to you that you aren't to enter my property, you don't enter my property and it doesn't matter how difficult I make it for you to do what you already know is wrong.
The issue here is the severity of the sentence, not his guilt, and especially not blaming the victim.
- deleted 16y ago[deleted]
- bugsy 16y agoNo. A padlock is clearly to say this area is forbidden, do not enter. A twisty can mean the latch is broken and the twisty is stopping the gate from blowing open in the wind, but not intended to stop anyone from entering. No reasonable person would look at a gate with a twisty and conclude that was intended to stop people from entering. It is obviously a stopgap measure to keep the gate from blowing open, not to stop people from using the gate. Let's say kids on the street are playing and their frisbee goes into your yard. They come to the gate and there is a chain and padlock. They find some bolt cutters, cut the chain and retrieve the frisbee - that's breaking, entering and vandalism! OK, stop, rewind. Instead of a chain and padlock the gate is held closed with a twisty. They untwist the twisty, retrieve the frisbee and leave. So the police will arrest and the jury will convict them of the same crime - breaking, entering and vandalism, right? Wrong! Nothing will happen because no crime was committed by opening the twisty gate.