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Is it illegal to watch someone spraypaint private property?

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The "life advice" is also free. Don't be snippy with the nice volunteers.
He just might think that anything that is Free has no value.
Kid, let's replace the word free with another one....retainer...
Advice here is FREE..

Retainers are not.

.._________________
~ Life is tuff pilgrim, and it's even tougher if you're stupid
 


tranquility

Senior Member
I remember a discussion I had with a person in school a year longer than I. It was about some multi-state question about a person who was caught coming out of a house with a VCR that he thought was his. (In the night, of a house, etc. I think a fire resulted that killed people.) While we both agreed on the principle of the law (hence the correct answer), I brought up the reality of what would happen having been a police officer in the past.

The guy was going to get arrested.

Sure, there is a legal argument that can be made he is not liable. However, a guy watching another spray painting a wall is going to get arrested too. Is there a defense? Sure. But, if both are on a video buying the paint, both are driving to the place together, one is pointing while the other is painting, or, any of other facts that give rise to a joint project, the legal argument is going to be tough to win.
 

quincy

Senior Member
I remember a discussion I had with a person in school a year longer than I. It was about some multi-state question about a person who was caught coming out of a house with a VCR that he thought was his. (In the night, of a house, etc. I think a fire resulted that killed people.) While we both agreed on the principle of the law (hence the correct answer), I brought up the reality of what would happen having been a police officer in the past.

The guy was going to get arrested.

Sure, there is a legal argument that can be made he is not liable. However, a guy watching another spray painting a wall is going to get arrested too. Is there a defense? Sure. But, if both are on a video buying the paint, both are driving to the place together, one is pointing while the other is painting, or, any of other facts that give rise to a joint project, the legal argument is going to be tough to win.
Agreed. That is why I would not want to be standing too close to the spray painter. If you get paint on your clothes, it is going to be harder to argue you were not involved. :)
 

stealth2

Under the Radar Member
Oh, LittleIvan.... You should expect to get popped along with your friend. How happy will your parents be about paying for a lawyer? Perhaps you should expend your energies looking for a job, rather than watching your friend vandalize someone else's property. (Yes, life advice. It's free. Deal with it.)
 

tranquility

Senior Member
For the sake of educating Yours Truly, couldn't this be construed as aiding and abetting?
Yes. It could certainly be construed as some type of accomplice liability. Aiding and abetting is not a separate crime in CA. It is charged as the crime that was committed--in this case vandalism.
 

CdwJava

Senior Member
I am from California. The post got messed up for some reason and didn't include that. I won't have a can in my hand, I'll simply be standing there, watching. Not helping him at all.
If you aided, abetted, accompanied, encouraged, provided any support for the act of vandalism, etc., you can not only be charged as a principal in the offense (i.e. for the vandalism), you might also face felony charges for conspiracy. Oh, and simply watching your buddy spray paint will almost certainly be seen as aiding or encouraging the activity.

Bottom line: DON'T!
 
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