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(NW Florida Daily News) Florida Free legal advice of the day: You're still trespassing even if you're too drunk to remember you're trespassing   (nwfdailynews.com) divider line 7
More: Florida, Emerald Coast, Fort Walton  
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1244 clicks; posted to Main » on 25 Jan 2012 at 8:13 AM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»   |    Get this fabulous T-Shirt and impress the methane out of your friends! shirt it!



7 Comments   (+0 »)
   
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2012-01-25 08:15:27 AM
AKA the Fark Rape Defense
 
2012-01-25 08:17:42 AM
Is that really true? You can be charged with trespassing, sure, but can you be convicted of it if you are too incapacitated to control your actions?
 
2012-01-25 08:29:24 AM
He should have been across town getting the teen preggers and taking the 7 yr. old to the strip club for her dance lesson. (sidebar). Been a better time. Similar sentence?
 
2012-01-25 08:44:57 AM
If I wasn't conscious I wasn't there. full stop.
 
2012-01-25 10:08:54 AM
AverageAmericanGuy: Is that really true? You can be charged with trespassing, sure, but can you be convicted of it if you are too incapacitated to control your actions?

Why not? "I was drunk" has never been a good excuse in my book. You made you drunk, you are still responsible for your actions even if you put yourself in a position to not remember them.
 
2012-01-25 07:54:58 PM
Duh.

Wait.

Where am I/?

Did I just get here?

farking proton.

;)
 
2012-01-26 01:25:42 AM
AverageAmericanGuy: Is that really true? You can be charged with trespassing, sure, but can you be convicted of it if you are too incapacitated to control your actions?

At common law, trespass was an intentional crime/tort. You didn't have to *know* you were trespassing, or that your presence in a location was unlawful, but you did have to have gotten to wherever you were intentionally. Again, at common law, voluntary intoxication could be a defense if you were so intoxicated that it negated the 'intent' element of the offense. So for trespass, you'd probably have to be so drunk that you didn't even know where you were. Being so drunk that you don't know you're not supposed to be somewhere probably wouldn't be enough.

Besides, in most jurisdictions the rules for voluntary intoxication have been changed by statute, and can't typically be used as a defense.
 
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