DarkTriad
True Player
    
Posts: 2,398
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RE: Just dodged a false rape accusation thanks to my recordings
(03-30-2016 08:36 AM)XPQ22 Wrote: (03-30-2016 08:09 AM)Running Turtles Wrote: Clearly, it's a lot better to be charged with indecent recording or recording without consent than any kind of sexual assault, but does anyone understand the legal situation in places where you're not allowed to do this? For example, it would suck if OP now had to pay a $50k fine for the evidence that proves him innocent...
In the United States, the laws vary by state. In 12 states, including the one I live in, it's illegal to make recordings without two-party consent.
In other states all you need is one-party consent, and you can do whatever the fuck you want.
In my state, the maximum penalties for illegal one party recording are prison up to 5 years and a fine of $10k. But those are maximums. Almost nobody ever gets that.
The shit thing is that it's classified as a felony where I am, not a misdemeanor. Felonies are more serious crimes and stay on your record (for background checks, etc.) for 7 years, and can make life difficult in all sorts of ways, from securing housing, employment, loans, and so on. A convicted felon is barred from ever legally owning a firearm for eternity, without significant and expensive legal effort made to have those rights restored. All job applications will ask if you have been convicted of a felony, ever. In my state at least it's definitely not the fine that would be the killer, but a felony conviction on your record.
There can also be civil suits brought, but that's unlikely in a case like this.
The only bright spot is that in many states some felonies can be downgraded to misdemeanors at sentencing, i.e. if you have a good lawyer and the judge decides there are extenuating circumstances. With a good lawyer in a case like this you might only get a moderate fine, probation and perhaps some community service. The punishment has to fit the crime, and in the same sense, the crime has to fit the punishment, i.e. if you get off on a light sentence because of extenuating circumstances they're not going to consider it a felony at sentencing. Even aggravated assaults can be downgraded in many circumstances. I believe in my state at least that illegal recording is a crime like this, though I'm not positive.
But there are no guarantees. Definitely don't record cops without their knowledge here, there have been several cases where cops use the two-party consent law against bystanders who record them, to cover their asses when they're up to no good. It was originally designed to apply to wiretapping, but many cops would consider just recording them on video with a cell phone to be a violation, if it's in their interests to play it that way.
Sign in your house - "This home is protected by audio and video surveillance.".
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| 03-30-2016 07:35 PM |
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The following 4 users Like DarkTriad's post:4 users Like DarkTriad's post
puckerman, n/a, xmlenigma, Enigma
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xmlenigma
Alpha Male
   
Posts: 1,015
Joined: Dec 2011
Reputation: 4
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RE: Just dodged a false rape accusation thanks to my recordings
(03-30-2016 08:35 AM)Phazlenut Wrote: Thanks for support bros.
This was in Singapore's Northern neighbour, a rather Islamic country. I'm decidedly un-Mohammedan, so it's a good thing I had evidence in my favour.
I would be tempted to pursue action on my end if there was the prospect of financial gain out of it, but there will be no blood out of that rock. Just glad to be done with it.
ASD driven Buyers Remorse - Face saving move with cousin for doing what her sexual core wanted to do..
(03-30-2016 07:35 PM)DarkTriad Wrote: (03-30-2016 08:36 AM)XPQ22 Wrote: (03-30-2016 08:09 AM)Running Turtles Wrote: Clearly, it's a lot better to be charged with indecent recording or recording without consent than any kind of sexual assault, but does anyone understand the legal situation in places where you're not allowed to do this? For example, it would suck if OP now had to pay a $50k fine for the evidence that proves him innocent...
In the United States, the laws vary by state. In 12 states, including the one I live in, it's illegal to make recordings without two-party consent.
In other states all you need is one-party consent, and you can do whatever the fuck you want.
In my state, the maximum penalties for illegal one party recording are prison up to 5 years and a fine of $10k. But those are maximums. Almost nobody ever gets that.
The shit thing is that it's classified as a felony where I am, not a misdemeanor. Felonies are more serious crimes and stay on your record (for background checks, etc.) for 7 years, and can make life difficult in all sorts of ways, from securing housing, employment, loans, and so on. A convicted felon is barred from ever legally owning a firearm for eternity, without significant and expensive legal effort made to have those rights restored. All job applications will ask if you have been convicted of a felony, ever. In my state at least it's definitely not the fine that would be the killer, but a felony conviction on your record.
There can also be civil suits brought, but that's unlikely in a case like this.
The only bright spot is that in many states some felonies can be downgraded to misdemeanors at sentencing, i.e. if you have a good lawyer and the judge decides there are extenuating circumstances. With a good lawyer in a case like this you might only get a moderate fine, probation and perhaps some community service. The punishment has to fit the crime, and in the same sense, the crime has to fit the punishment, i.e. if you get off on a light sentence because of extenuating circumstances they're not going to consider it a felony at sentencing. Even aggravated assaults can be downgraded in many circumstances. I believe in my state at least that illegal recording is a crime like this, though I'm not positive.
But there are no guarantees. Definitely don't record cops without their knowledge here, there have been several cases where cops use the two-party consent law against bystanders who record them, to cover their asses when they're up to no good. It was originally designed to apply to wiretapping, but many cops would consider just recording them on video with a cell phone to be a violation, if it's in their interests to play it that way.
Sign in your house - "This home is protected by audio and video surveillance.".
Nearly perfect wording. Any other lawyers / writers here have such "Perfect" Lines?
And maybe add some fine print under that too.. that cant be read easily
What if you go to HER place or a 3rd PARTY location (friends Pad or motel or hotel or Instant booked AIRBNB).. Is your Audio App the only savior?
The point of modern propaganda isn't only to misinform or push an agenda. It is to exhaust your critical thinking, to annihilate truth.
- Garry Kasparov | @Kasparov63
(This post was last modified: 09-01-2017 01:40 AM by xmlenigma.)
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| 09-01-2017 01:38 AM |
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The following 1 user Likes xmlenigma's post:1 user Likes xmlenigma's post
debeguiled
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