So you are sitting around being unproductive or out for a walk or trying to decide what is for dinner and you wonder, is there a Federal Statute that says it is illegal to falsely claim a fraud or a hoax to perpetuate a fraud on another person or group.
The problem is how do you phrase this to enter into a search engine so you find out if this exists. Phrasing can be everything.
Anyway you can get a general reference, but is it enough to do the trick.
18 U.S. Code Section 1038. False information and hoaxes.
(a)Criminal violation
(1) In general-whoever engages in any conduct with intent to convey false or misleading information under circumstances where such information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking or will take place that would constitute a violation of chapter 2, 10, 11, 39, 40,44, 111 or 113b of this title, section 236 of the Atomic Energy Act of 1954(42 U.S.C.) or section 46502, the second sentence of section 46504, section 46505(b)(3) or (c), section 60123(b) of title 49 shall (A) be fined under this title or imprisoned not more than 5 years or both; (B) if serious bodily injury results, be fined under this title or imprisoned for any number of years up to life, or both; and (C) if death results be fined under this title or imprisoned for any number of years up to life, or both.
Now what does all this mean? For my purpose it was trying to read through all the sections listed and I haven’t yet, but look at the general principle. If I were to perpetuate a hoax saying that an election was stolen and here is the first kicker, was my hoax reasonable to believe, so think back there have been a few times and I think even Senora Kracken lawyer said no reasonable person would believe what was said(she even got in trouble for that)j but if it was reasonable to believe,,,how do you determine that, will the fact that large swaths of the general populace believe it make it reasonable to believe, practical sense suggests yes, but we are not dealing with practical sense we are dealing with law. Going on though an activity has taken or been taken on January 06 where people believed something, acted upon that belief and a death has resulted. Unfortunately this Code Section specifies the chapters that must be violated for the statute to be utilized. So do any of those chapters talk about fraud in general to a group of people or people in general? That is my next step.
Now this is a criminal statute so the burden of proof is also more difficult than a civil action, and we have quite a bit of abstract thinking to push us to what is believed by a reasonable person because the majority of the people do not believe this hoax is based on reasonableness, but fraud. So if you know it is fraud, what is a reasonable belief? Tricky and seems I am talking in circles, but the trick is to get out of the circle so you can show there was reasonable belief and that a specific act took place that caused (C) death and the person or persons responsible should be punished accordingly.
And again we are stuck with this title specifying it has to violate the specific chapters listed. Or does it? If you think not, then you are asking the Judicial branch to legislate, most legal scholars and people do not think the Judicial branch should engage in legislating from the bench and that is correct, but if you could get a Judge to accept the first part of the statute can stand alone without having to bring in the listed chapters (and I still need to research them to see if one might apply) you could basically put Trump, half of conservative media, a slew of Republicans, assorted Qanon believers and a few other Rudys in jail for life.
Just a thought.
Yes I am tired of election fraud nuts, anti vaxers, anti common sensers, anti respect your fellow man people, so you know, the brain starts wandering and wondering.
No one wants to hear it, but the majority of this country is still moderate to moderately conservative and if anyone ever figures out the vocal minority of the right wing and the pretentiousness of the progressives is not the majority of this country then we might get back on track.
Fix Social Security and I have espoused ideas, but open to others
Fix public education, and same as above
Larger and more aggressive infrastructure plans and I have them with public private partnerships and still open to ideas same as above
Tax reform along with social security reform, it can work
making the transition to clean energy is more than legislating it and have espoused ideas and open to other ideas
Health care reform, not insurance reform, again same as above
Flatten the wealth growth of the super rich and spread it throughout society
Work on programs for mental health and the homeless
create public policy that supports families
These are just a few public policy needs that most of the moderate to moderately conservative Americans would support. There is definitely more.
It isn’t difficult people, just takes the realization that the middle is still the best road to hoe.
Just a thought.
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