02-20-2018, 06:22 PM
(02-20-2018, 06:15 PM)Belsnickel Wrote: For sure, but there is also a grey area due to the statutes in Florida. You discussed a criminal threat, which is a thing in California and were Cruz in California he could have been charged. According to the California penal code 422, the ability or even intent to carry out a threat is not necessary to be charged with the misdemeanor. This being what you are used to, I can see where you have that viewpoint. However, Florida has no such statute. A criminal threat is only what falls under the assault statute I listed above (as far as I can tell, I haven't done a deep dive into the codes). So it's possible that what was reported to the school was not criminal in nature to begin with because of the laws in Florida.
Also, it is ridiculously slow at work for me right now, and I am procrastinating on a project. I enjoy research like this, so this was a welcome distraction.
Kudos, as that is the correct penal code for criminal threats. Interesting that they don't have a similar law in FL, although I would understand a different burden of proof or fear. What I can't imagine is that having a weapon on school grounds, 626.10(a)(1)PC here, doesn't exist in Florida. I'd also be interested if he was caught with the ammunition in his backpack while he was still a minor, as that is a misdemeanor in CA as well. If he was selling knives out of his lunchbox how was this not addressed?
