You Gotta Be A Dope Fraternity Party

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During the night of the You Gotta Be A Dope fraternity party, there were many laws, which were broken, that stemmed from the unknowing intoxication of the guests of the party, while the fraternity brothers knowing concealed alcohol in the beverages. Serving alcohol in this manner goes against several laws of the New York Penal Code. The first law is endangering the welfare of a child. As many guests were under the age of seventeen and the penal code 260.10 states “a person is guilty of endangering the welfare of a child when: 1. He knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less then seventeen years old.” Serving alcohol to minors puts them at physical and moral risk. Also by serving alcohol to minors the fraternity brothers Unlawfully dealt with a child in the first degree as paragraph two of penal code 260.20 states “A person is guilty of unlawfully dealing with a child when…he gives or sells or causes to be given or sold any alcoholic beverage…to a person less then twenty-one years old.” They are also if nothing less morally culpable for the many unlawful acts of the night because they intoxicated many and did not inform them of the alcohol. The first crime, which was a result of the intoxication, was the rape in the second degree of David Jeffery by Mary Mondoona. Statute 130.30 paragraph two states a person is guilty of rape in the second degree if “he or she engages in sexual intercourse with a person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.” Being that they were both under the age of seventeen and over that age of thirteen, Mary being sixteen, and David being only one day from the age of 16, rape charges d... ... middle of paper ... ...ng sober. The final act in question in terms of legality, of the night, is Jeremy Derek’s sever injuring of three students with an automatic firearm during a marksmanship demonstration. It could be said that this is assault in the second degree because of reckless acts that lead to sever injury with a deadly weapon. The issue with this conviction is that he was unaware that the firearm was automatic, and fully expected and believed it was a marksmen’s rifle. This again shows Jeremy did not have intent or Mens Rea to injure people. Staples v. United States is a good precedent to show that the type of gun that the owner believes he owns is enough to prevent conviction by the law due to a gun being illegal. Jeremy can also claim the firearms dealer mislabeled and false advertised the gun, and that if he was sold the proper gun, he would not have injured anyone.

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