It looks like those kids at that were charged with a felony for throwing snowballs at a police car have made the national news scene. They were featured on thesmokinggun.com. They were also apparently featured on the Drudge Report and the Rush Limbaugh show (not that I was listening because I can’t stand the guy. I just read about it somewhere else). The two students were charged with with: throwing missiles at an occupied vehicle– a class 6 felony.
Should they have been arrested? Yes. Should they have been charged with something? Yes. Should they have been charged with a felony that could get them 5 years in prison? Of course not. I think the state of Virginia (or the Harrisonburg PD) needs to reexamine the legal definition of the word missile to exclude snow. And honestly, had the vehicle that was hit with snow been something other than a Police car I guarantee that those students would not be facing a felony charges.
I know what you are going to say. What if they had caused an accident and someone was killed. Well if somebody was killed because of their actions then they should face manslaughter charges. The thing is… they didn’t hurt anyone. Every time we drive a car and get distracted or use a cellphone we have the potential to cause an accident that could kill or maim someone, but we don’t face charges unless we actually cause one. Why not charge the students with disorderly conduct?
A person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
A. In any street, highway, public building, or while in or on a public conveyance, or public place engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed; or
B. Willfully or being intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts any funeral, memorial service, or meeting of the governing body of any political subdivision of this Commonwealth or a division or agency thereof, or of any school, literary society or place of religious worship, if the disruption (i) prevents or interferes with the orderly conduct of the funeral, memorial service, or meeting or (ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed; or
C. Willfully or while intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts the operation of any school or any activity conducted or sponsored by any school, if the disruption (i) prevents or interferes with the orderly conduct of the operation or activity or (ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed.
However, the conduct prohibited under subdivision A, B or C of this section shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this title.
The person in charge of any such building, place, conveyance, meeting, operation or activity may eject therefrom any person who violates any provision of this section, with the aid, if necessary, of any persons who may be called upon for such purpose.
The governing bodies of counties, cities and towns are authorized to adopt ordinances prohibiting and punishing the acts and conduct prohibited by this section, provided that the punishment fixed therefor shall not exceed that prescribed for a Class 1 misdemeanor. A person violating any provision of this section shall be guilty of a Class 1 misdemeanor.
(Va Code 1950: 18.1-239, 18.1-240, 18.1-253.1 through 18.1-253.3; 1960, c. 358; 1968, c. 639; 1969, Ex. Sess., c. 2; 1970, c. 374; 1975, cc. 14, 15; 1976, c. 244; 1990, c. 627; 2006, c. 250.)
Tags: snow
