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View Diary: It keeps happening: Faceless Bank's Repo Contractor hauls all of W Va. Woman's possessions to dump (279 comments)

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  •  Seriously? Your own link refutes this. (2+ / 0-)
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    Pi Li, VClib
    one can enter the wrong apartment while drunk and, even if one kicks in the door because one's key does not turn in the lock, one is not criminally liable for breaking & entering.
    You gave me a link to a guy who essentially broke into somebody else's house when he was drunk and he was not charged with "breaking & entering."  He was charged with criminal trespass.  

    Remember? Here's YOUR link again.

     And criminal trespass is a crime that requires intent - it must be done "knowingly." And as I explained, the fact that you are drunk is not a defense to the "knowingly" part -- you can't say, "I was drunk so that's why I didn't know I was going into someone else's house without consent.  

    The part you are missing is that I am not saying that someone gets away with those things, and I am not saying that they are "legal."

    What I AM saying is that there is a difference between civil liability - -where you sue someone for money -- and criminal liability -- where the victim doesn't get money but the bad guy goes to jail.  What I AM saying is that if there's no specific intent -- no "mens rea" under the criminal law --  you are generally not looking at criminal liability, but you can still sue and get a whole bunch of money in a civil case.  

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