Matt:
I don't get it.

And if you are the fomer Steeler's kicker, you misspelled your last name.

The Penguins won the NHL draft lottery today, giving them the right to draft Sidney Crosby, the most promising prospect since at least Eric Lindros and possibly Mario Lemieux himself. And I get that a lot.

He also claimed to be Brian St. Pierre, the #3 QB on the Steelers. That is more plausible, as quite often, not even the head coach knows what the #3 QB looks like.

My read of the PA statutes (disclaimer: I am not a lawyer) would put that "criminal mischief" at the level of summary offense, which means he's headed for a wrist-slap in the event he is actually guilty.

http://members.aol.com/StatutesPA/18.Cp.33.html

I also think that, given summary offenses are tried in a venue similar to Traffic Court, even *I* could beat this particular charge with PA's consent provision. Or the provision against de minimis infractions.

http://members.aol.com/StatutesP4/18PA302.html
http://members.aol.com/StatutesP4/18PA312.html

Patrick McKenzie

Besides... now with the ginormous VC publicity machine helping him, the guy can eBay said jersey for at least 75 bones and make up his damages.

I'm seeing consent, (and in fact, solicitation) by the victim as a serious stumbling block for the DA: she solicited the underlying act of the writing, whether or not it had the commercial consequences for her she thought it would.

O/w, every painter whose paint, on my house doesn't look the way I thought it would (or who uses the wrong paint) is subject to prosecution for damaging my house. (You can tell, I'm mid-remodel right now).

As a family law practitioner in Los Angeles, I've seen multitudes of parentage cases brought against professional athletes (in one instance, I inquired of a court clerk regarding a hearing set for my mom-client's case, only to discover, through the clerk's resulting confusion, that defendant athlete daddy had been in the same courtroom the prior week with A DIFFERENT plaintiff mom...) and have waited to see the consequences of someone accomplishing seduction by this sort of impersonation. If someone's willing to raise this much of a stink about a jersey. . . .

BTW, this brings be back, collaterally, to my favorite California criminal law puzzle: Cal. P.C. 261 says that a defendant can commit rape by obtaining the victim's consent

Where a person submits under the belief that the person
committing the act is the victim's spouse, and this belief is induced
by any artifice, pretense, or concealment practiced by the accused,
with intent to induce the belief.

Does this mean:

A. perp hires a fake minister, who performs a fake marriage, and then says to victim, "Dear, we're married now, it's OK", or

B. perp puts on a fake beard, so he looks like his brother, and slips into bed with his brother's wife?

I wonder if that criminal mischief theory could be stretched a little further. Like against predatory lenders: before they signed the piece of paper containing the loan agreement, it, as a piece of paper, was worth about half a penny. After they signed it, it cost the poor sucker who had it thousands of dollars. Criminal mischief? :-)

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