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selling info on illegal stuff illegal?

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poorestchump

Junior Member
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?
 


tranquility

Senior Member
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?
No. But, how you go about finding out the information and how you go about selling that information could be.
 

tranquility

Senior Member
in other words: Not sure.
thanks anyway
In other words, it depends. On the facts. Of which you have not supplied.

Say you glance at Joe the Robber driving a blue car license #xxxhot into a garage. You see a sign on the street saying blue car license #xxxhot was stolen and you call the number and ask $100 for the information--not a crime.

You allow the stolen car into your garage and you call the owner and ask $100 for the information--probably a crime. (Actually two. Concealing of stolen property and possession of it.)

You are a participant in bootleg DVD creation and you go to the copyright holder and offer to sell them the location of the merchandise--probably a crime. Not for the offer to sell the info, but for the participation in the crime.

Same as above, but you tell the copyright holder if he does not pay you to recover the material, you will sell it. Probably two crimes the copyright violation AND extortion.

So, once again, it depends on how you found out about the information and how you sell the information.
 

poorestchump

Junior Member
In other words, it depends. On the facts. Of which you have not supplied.

Say you glance at Joe the Robber driving a blue car license #xxxhot into a garage. You see a sign on the street saying blue car license #xxxhot was stolen and you call the number and ask $100 for the information--not a crime.

You allow the stolen car into your garage and you call the owner and ask $100 for the information--probably a crime. (Actually two. Concealing of stolen property and possession of it.)

You are a participant in bootleg DVD creation and you go to the copyright holder and offer to sell them the location of the merchandise--probably a crime. Not for the offer to sell the info, but for the participation in the crime.

Same as above, but you tell the copyright holder if he does not pay you to recover the material, you will sell it. Probably two crimes the copyright violation AND extortion.

So, once again, it depends on how you found out about the information and how you sell the information.

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

tranquility

Senior Member
You get a permit to have a sign. The sign reads: Marijuana info for sale $20 qtr. oz.
That would either be directly sales or an accomplice liability of some sort. (Conspiracy, aiding or abetting, accessory before the fact, whatever.) But, it doesn't make much of a difference:

§ 7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF
ANOTHER. (a) A person is criminally responsible for an offense
committed by the conduct of another if:
(1) acting with the kind of culpability required for
the offense, he causes or aids an innocent or nonresponsible person
to engage in conduct prohibited by the definition of the offense;
(2) acting with intent to promote or assist the
commission of the offense, he solicits, encourages, directs, aids,
or attempts to aid the other person to commit the offense; or
(3) having a legal duty to prevent commission of the
offense and acting with intent to promote or assist its commission,
he fails to make a reasonable effort to prevent commission of the
offense.
(b) If, in the attempt to carry out a conspiracy to commit
one felony, another felony is committed by one of the conspirators,
all conspirators are guilty of the felony actually committed,
though having no intent to commit it, if the offense was committed
in furtherance of the unlawful purpose and was one that should have
been anticipated as a result of the carrying out of the conspiracy.
 

mmmagique

Member
Orrrrr....(and yeah, I know it's crazy) Put the same time and effort into a totally legal venture (even if it's unusual or off the beaten path) and never worry about the feds knocking on your door.
 

poorestchump

Junior Member
That would either be directly sales or an accomplice liability of some sort. (Conspiracy, aiding or abetting, accessory before the fact, whatever.) But, it doesn't make much of a difference:
And this only applies if the culprit is not the hider of the merchandise, right?
 

poorestchump

Junior Member
Orrrrr....(and yeah, I know it's crazy) Put the same time and effort into a totally legal venture (even if it's unusual or off the beaten path) and never worry about the feds knocking on your door.
And this only applies if the culprit is not the hider of the merchandise, right?
 

tranquility

Senior Member
And this only applies if the culprit is not the hider of the merchandise, right?
No, read the statute.

(2) acting with intent to promote or assist the
commission of the offense, he solicits, encourages, directs, aids,
or attempts to aid the other person to commit the offense
; or

You'll be selling just as much as the person who is dealing. (Heck, and the possession.)
 

poorestchump

Junior Member
That would either be directly sales or an accomplice liability of some sort. (Conspiracy, aiding or abetting, accessory before the fact, whatever.) But, it doesn't make much of a difference:
In other words, if the person with the sign is the person who hid the stuff.
 

poorestchump

Junior Member
No, read the statute.

(2) acting with intent to promote or assist the
commission of the offense, he solicits, encourages, directs, aids,
or attempts to aid the other person to commit the offense
; or

You'll be selling just as much as the person who is dealing. (Heck, and the possession.)
Talking LAW, dude. Show me another statute.
 
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