selling info on illegal stuff illegal?

[LeeHarveyBlotto]

Talking LAW, dude. Show me another statute.

This is the Free Legal Advice Forum. The Get the Answer You Want Forum is down the hall on the left.

 

[quincy]

What is the name of your state (only U.S. law)? Texas. Is selling information on where to find illegal merchandise illegal if indeed the merchandise is where it is said to be?

Your business plan, from how you describe it, poorestchump, seems flawed.

A better plan could be to offer your unique knowledge, of where illegal merchandise is located, to the police as a paid informant.

Of course, the best suggestion was offered by mmmagique, because it comes without a target on your back when the neer-do-wells discover it is you who is tipping off the police. But mmmagique's suggestion does require more time and effort than you may be willing to invest in your future.

 

[TigerD]

Your business plan, from how you describe it, poorestchump, seems flawed.

A better plan could be to offer your unique knowledge, of where illegal merchandise is located, to the police as a paid informant.

Of course, the best suggestion was offered by mmmagique, because it comes without a target on your back when the neer-do-wells discover it is you who is tipping off the police. But mmmagique's suggestion does require more time and effort than you may be willing to invest in your future.

He isn't looking for help with a business plan - he is looking for assistance in crafting his drug dealing enterprise. Read between the lines - this is a street drug dealer/want-to-be-lawyer looking to protect himself while orchestrating the sale. We will probably be seeing a youtube of him trying to argue the law against the cops arresting him in 6 months.

Well, maybe he is looking for help with a business plan...

DC

 

[poorestchump]

Your manners are sadly lacking.

anything else stupid to say?

 

[poorestchump]

He isn't looking for help with a business plan - he is looking for assistance in crafting his drug dealing enterprise. Read between the lines - this is a street drug dealer/want-to-be-lawyer looking to protect himself while orchestrating the sale. We will probably be seeing a youtube of him trying to argue the law against the cops arresting him in 6 months.

Well, maybe he is looking for help with a business plan...

DC

Another idiot. I will go to the D.A. or whatever it takes.

 

[CavemanLawyer]

Research the term "constructive delivery." It doesn't matter if you hide the drugs in a tree stump down the block or have a friend stash it at their home. It doesn't matter if you hide it or your partner hides it and just tells you where it is. It doesn't matter if you physically put the drugs in the purchaser's hands or if you direct them to where they can "find it" after accepting their money. It also doesn't matter how many people you throw into the mix to distance yourself from the ultimate physical delivery. These things may frustrate law enforcement's investigation but it has no effect on criminal responsibility. Whether you engage in actual delivery or constructive delivery it is still the same crime and you can be charged all the same. I've seen every trick in the book. Treestumps, street drains, have juveniles hold it, I've even seen a real POS stash his drugs on a mentally retarded guy who didn't know any better.

It should also be noted that the definition of delivery in Texas includes just the offer of sale even if no sale occurs. If you are charging someone money for information on where they can purchase drugs you are setting up a drug deal, period. You are probably guilty as a principal but you are definitely guilty as a party if the transaction actually occurs.

Other than that, everything you have been told by other posters up to this point is accurate. This is a very fact specific issue and the answer will depend on exactly what it is you are doing.... or trying to get away with doing. Generally speaking, intentionally sticking your head in the sand while simultaneously benefiting from a crime is never going to absolve you of criminal responsibility.

 

[poorestchump]

Research the term "constructive delivery." It doesn't matter if you hide the drugs in a tree stump down the block or have a friend stash it at their home. It doesn't matter if you hide it or your partner hides it and just tells you where it is. It doesn't matter if you physically put the drugs in the purchaser's hands or if you direct them to where they can "find it" after accepting their money. Whether you engage in actual delivery or constructive delivery it is still the same crime and you can be charged all the same. I've seen every trick in the book. Treestumps, street drains, have juveniles hold it, I've even seen a real POS stash his drugs on a mentally retarded guy who didn't know any better.

It should also be noted that the definition of delivery in Texas includes just the offer of sale even if no sale occurs. If you are charging someone money for information on where they can purchase drugs you are setting up a drug deal, period. You are probably guilty as a principal but you are definitely guilty as a party if the transaction actually occurs.

Other than that, everything you have been told by other posters up to this point is accurate. This is a very fact specific issue and the answer will depend on exactly what it is you are doing.... or trying to get away with doing. Generally speaking, intentionally sticking your head in the sand while simultaneously benefiting from a crime is never going to absolve you of criminal responsibility.

like I said show me the statutes and i'll believe.

 

[TigerD]

like I said show me the statutes and i'll believe.

You don't appear to be smart enough to read them.

DC

 

[poorestchump]

You don't appear to be smart enough to read them.

DC

neither do you

 

[Ladyback1]

You get a permit to have a sign. The sign reads: Marijuana info for sale $20 qtr. oz.

Move to state where "it" is legal (either for medicinal purposes or recreational), go through the process to become a provider (in MT you can have up to 6 plants per patient you provide to)....oh, wait! That's the LEGAL way to do things and you're asking about illegal ways to do things!
Sorry! My mistake....moving along

 

[CavemanLawyer]

like I said show me the statutes and i'll believe.

Someone already posted the "law of parties" statute that explains how you can be charged with the conduct of another if you act as a party. Here are the other statutes in play.

Sec. 481.120. OFFENSE: DELIVERY OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally delivers marihuana.

Sec. 481.002. DEFINITIONS. In this chapter: (8) "Deliver" means to transfer, actually or constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship. The term includes offering to sell a controlled substance, counterfeit substance, or drug paraphernalia.

The term constructively deliver is not defined in statute. I think its pretty obvious what the term means but there is ample caselaw on it which is why I suggested you just google the term. It is a transfer that is inferred by the actions of the parties, even though no physical delivery has occurred.

 

[poorestchump]

Move to state where "it" is legal (either for medicinal purposes or recreational), go through the process to become a provider (in MT you can have up to 6 plants per patient you provide to)....oh, wait! That's the LEGAL way to do things and you're asking about illegal ways to do things!
Sorry! My mistake....moving along

and when I do prove my point tomorrow or when the d.a. gets back, i'll let you know.