How many times in any state have drivers passed temporary memorials to fatalities along the roadside?
Do these activities constitute true Felony Criminal Mischief (a $5,000.00 dollar fine), or a Class A Misdemeanor (a $400.00 to $1,200.00 dollar fine)? What will the Administrative Assistant to the State Tribunal (read as Judge in a state court) decide the fine should really be? If the alleged crime took place on Federal Public Property (a National Forest), Why would the proceedings be held in a State Tribunal?
Are simple temporary memorials within the boundary of State or Federal Highway Easements really serious crimes worthy of $5,000.00 dollar fine? Is the damage to State or Federal Property in excess of $1,000.00 dollars?
Oregon Public Policy Statutes follow:
§ 164.365¹
Criminal mischief in the first degree
(1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right:
(a) Damages or destroys property of another:
(A) In an amount exceeding $1,000;
(B) By means of an explosive;
(C) By starting a fire in an institution while the person is committed to and confined in the institution;
(D) Which is a livestock animal as defined in ORS 164.055 (Theft in the first degree);
(E) Which is the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public; or
(F) By intentionally interfering with, obstructing or adulterating in any manner the service of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility; or
(b) Intentionally uses, manipulates, arranges or rearranges the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public so as to interfere with its efficiency.
(2) As used in subsection (1) of this section:
(a) Institution includes state and local correctional facilities, mental health facilities, juvenile detention facilities and state training schools.
(b) Medical facility means a health care facility as defined in ORS 442.015 (Definitions), a licensed physicians office or anywhere a licensed medical practitioner provides health care services.
(c) Public utility has the meaning provided for that term in ORS 757.005 (Definitions) and includes any cooperative, peoples utility district or other municipal corporation providing an electric, gas, water or other utility service.
(d) Railroad has the meaning provided for that term in ORS 824.020 (Definitions for ORS 824.020 to 824.042).
(e) Public transportation facility means any property, structure or equipment used for or in connection with the transportation of persons for hire by rail, air or bus, including any railroad cars, buses or airplanes used to carry out such transportation.
(f) Telecommunications carrier has the meaning given that term in ORS 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739).
(3) Criminal mischief in the first degree is a Class C felony. [1971 c.743 §147; 1973 c.133 §6; 1975 c.344 §1; 1979 c.805 §1; 1983 c.740 §33a; 1987 c.447 §104; 1987 c.907 §10; 1989 c.584 §2; 1991 c.837 §13; 1991 c.946 §2; 1993 c.94 §1; 1993 c.332 §3; 1999 c.1040 §11; 1999 c.1093 §2; 2003 c.543 §4; 2009 c.16 §6]
What is the definition of criminal mischief?
A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.
What is the definition of "A Class A Misdemeanor?"
It is the most serious classification of misdemeanor charge in most states. States typically divide misdemeanors into categories such as Class A, B, C, D (or some numerical equivalent), with A being the most serious and C or D being the least serious. Mar 1, 2016
All of this Legal activity seems Draconian when compared to a simple roadside memorial to someone who died; however, when the State or Federal Government is involved and their involvement was the cause of the fatality, extreme measures seem to be necessary. Why? Possibly to deflect or misdirect any blame or guilt in any direction other than where it squarely belongs, at the Government's front door.
What, if any, action must be taken to gard Property against this type of damage?
The the BLM’s Air Tactical Program could be enlarged in purpose and scope and used to track and record these types of truely serious crimes against humanity, just like Military Drones tracking and recording the loss (think collateral damage or innocent bystander) of women, children, and babies in the War torn areas of the Mideast and elsewhere.
http://reagangirl.com/blm-launching-drone-program-to-monitor-public-lands/
BLM LAUNCHING DRONE PROGRAM TO MONITOR PUBLIC LANDS
Posted by ReaganGirl in Bureau of Land Management, Federal militarism, Range Wars
massacres, June 22, 2016
The Bureau of Land Management has already promoted a notorious thug agent, Dan Love, to head up its new Protective, Security and Intelligence (think Spy) division, and now the federal agency is launching a drone program to monitor various activities and conditions on public lands under BLM control. Do you trust this agency, headed by Harry Reid lackey, Neil Kornze, to use surveillance drones for the limited and specific purposes they profess?
The following story is written by Gary Harmon, as published by the G.J. Daily Sentinel
MEEKER COLORADO — A drone could do in minutes the work of several federal employees to monitor pipeline reclamation efforts, identify and provide a count of endangered plants, watch over raptors, even in their nests, and go where literally no man has gone for hundreds, if not thousands, of years.
Drones were doing just those things, and more, recently, in northwest Colorado, as a team of drone operators and supervisors tested the craft under the deep blue Colorado sky and buffeting spring winds.
“We’re just testing the technology to see how well it works,” Kent Walter, manager of the Bureau of Land Management’s Meeker Field Office, said before heading to the Hay Gulch area to see a drone, or unmanned aerial system, do its stuff over a stretch of the Overland Pipeline.
On a dusty road through a meadow, a crew of BLM employees ran through a checklist, much as a pilot on manned aircraft might do, in preparation for a UAS flight to survey about 400 yards of pipeline.
Once clear, the drone was released to shoot up to 100 feet — the pre-set altitude for the survey — and then down to another pre-set point, where it began a series of transects back toward its starting point.
Think of a transect as one might mow a yard, said Gil Dustin, the BLM’s air tactical program manager. The drone flies a pattern just as a lawnmower would cut a strip, turn and cut a return strip parallel to the first, gradually working its way back to the crew.
In the drone’s case, the swaths are some 40 feet wide across the pipeline and the camera aboard takes high-resolution photos according to a program built into the flight plan. Those photos then are studied by experts to determine whether the earth above the pipeline is indeed being reclaimed according to BLM requirements.
It would require several hours with a crew of employees on foot to conduct the same survey, Walter said.
The same territory could be surveyed again, using GPS, to determine what kinds of change have occurred over the intervening time.
The UAS crew didn’t limit itself to a reclamation survey. It also flew a nearby canyon in search of cultural sites, capturing views of rugged country no human — in centuries — has seen, Walter said.
“We’ll see country that has never been seen before, using the drone’s camera, Walter said.
It also was used to study raptor nests in the piñon-juniper forest — “It doesn’t seem to bother raptors,” said Walter — as well as other tasks.
The drone crews file flight plans with the Federal Aviation Administration, just as they would if flying manned craft.
Reposted by Reagangirl.com 6/22/16
Enough is Enough: Can anyone say OVERKILL!
Reference:
Thoughts From The North Forty: or That which Pushes the Mind Is Not Always Felt
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