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odd question about property damage

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porfiriato

Junior Member
I broke a $200 bong (a smoking device), and now the owner has threatened to filed a complaint at small claims. However, the bong has only been used to illegally smoke marijuana. Is it a valid complaint? Am I pretty much in trouble?
 


tranquility

Senior Member
This is going to be a judge's call. I would think not, but you never know. If the paraphernalia is illegal in the state, no. However, proving the illegality is difficult. The person bought the item, didn't he? If you simply took it, would that be illegal?
 

porfiriato

Junior Member
well... he bought it using money that was not his -- in fact, he paid only $60.00 for it. He does not have any proof of purchase, and he bought it using money that was earned through selling marijuana.
 

tranquility

Senior Member
How he earned the money is irrelevant (as to damages). He would only be able to get the amount of damages he could prove as the value at the time. What are used bongs going for these days?

By the way, unless you broke the bong accidently while opening drawers in his room while looking for your Bible so you could research the concept of Agape for your lecture to your Sunday school class next week and you only found out about the smoking, selling and other possession when your friend spilled his guts in anger at the loss of his expensive drug ingestion device, you should slow down with thinking you are home free. To prevail at the end of the day, you would testify to these facts in court.

It is rarely a good idea to admit to committing crimes under oath. (Yes, you. You've either been smoking or had possession or conspired to sell the pot yourself to know the things you're claiming.)
 

xylene

Senior Member
f you simply took it, would that be illegal?
I was watching cops or some similar show, and the police were responding to a reported break-in and this guy was complaining that, among other things, his "bong collection" had been stolen.

What is right is what's right (ie pay for your negligence), but I think the reality is that nothing about this is criminal if he doesn't pay and the chance of any civil judgment in a small claims suit is just about nil.
 

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