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Tampering with Condoms

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Parenthetical02

Junior Member
What is the name of your state (only U.S. law)? California

My friend decided that it would be funny to poke holes in some of the free condoms offered at a local bar. He told me about it, and I really don't like it, but if I tell the bar manager what happened then he'll figure out that it was my friend who did it.

What kind of trouble could my friend be in if I tell the manager?
 


cyjeff

Senior Member
What is the name of your state (only U.S. law)? California

My friend decided that it would be funny to poke holes in some of the free condoms offered at a local bar. He told me about it, and I really don't like it, but if I tell the bar manager what happened then he'll figure out that it was my friend who did it.

What kind of trouble could my friend be in if I tell the manager?
Probably not allowed to come into the bar anymore.

Of course, that pales to the trouble he would be in if a sexually transmitted disease or pregnancy results from his "joke".
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

My friend decided that it would be funny to poke holes in some of the free condoms offered at a local bar. He told me about it, and I really don't like it, but if I tell the bar manager what happened then he'll figure out that it was my friend who did it.

What kind of trouble could my friend be in if I tell the manager?
Couldn't you just call the bar from a payphone (are there any still around?) and say that you saw someone poking holes in them?
 

CavemanLawyer

Senior Member
I can't find the statute but I know that California has a statute that makes it a crime to tamper with a consumer product. I believe it is a felony. It may only apply to food though, I'm not sure.
 
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AHA

Senior Member
Condoms are vacuumed packed. Poking a hole through the package will be obvious to most users.

When a guy has reached the time to bust out a condom from his pocket, I doubt he takes time to inspect it and/or its packaging. :p
 

>Charlotte<

Lurker
When a guy has reached the time to bust out a condom from his pocket, I doubt he takes time to inspect it and/or its packaging. :p
Add "guy who's been in a bar all night" to the scenario, and he's probably lucky if he puts it on the correct appendage.
 

Parenthetical02

Junior Member
I can't find the statute but I know that California has a statute that makes it a crime to tamper with a consumer product. I believe it is a felony. It may only apply to food though, I'm not sure.
Federal Anti-Tampering Act of 1983 ?

I thought a consumer product generally referred to products that were for sale. Am I mistaken?
 

CavemanLawyer

Senior Member
That's the federal statute but many states have adopted their own statutes as well. A consumer product is just anything sold commercially, but some states only make it a crime to tamper with a consumer product that qualifies as a food or drink.

After searching and searching California's extremely complex and unorganized statutes (sorry but no one else does it like California) the only thing I can find deals with inserting literature in or defacing products. I'm not sure if poking holes in the packaging counts. The Federal statute is absolutely on point though and there are some federal cases holding that it really doesn't take much to make product tampering "affect interstate commerce" thus making the federal statute applicable. Short of that, if someone were to develop an STD because the condom leaked, than technically that could be assault or aggravated assault with a deadly weapon because an assault can be done recklessly, and I think this could qualify. It would be virtually impossible to prove the connection though.
 
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