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tunneldude This member has been banned. See the banlist for more information.
Location: Four Corners and abroad.... Gender: Male Total Likes: 20 likes
| | | Re: Legal Issues with Urbex Videos? < Reply # 23 on 11/16/2017 11:11 PM > | Reply with Quote
| | | Posted by 2Xplorations
Why should we trust you with that brilliant bit of legal advice can you back this up with a statute or case law or just throwing it out there to sound cool?
| Us here in the Four have a sarcastic way of putting troubled minds at ease. This is the statute of limitations for tresapassing in my home state: The following chart lists some common statutes of limitations for civil cases in New Mexico. Code Sections New Mexico Statutes Chapter 37, Article 1: Limitations of Actions Fraud 4 years Libel or Slander 3 years Injury to Person 3 years Injury to Personal Property 4 years Trespass 4 years Professional Malpractice Medical Malpractice: 3 years, Legal Malpractice: 4 years Collection of Debt on Account 4 years Contracts 6 years for written contracts or 4 years for oral contracts Judgments 14 years from the date of judgment for court judgments, otherwise it’s a 6 year limit for written contracts Child Sexual Abuse Claims related to actions that would be considered criminal child sexual penetration, contract, or exploitation must be brought by the victim’s 24th birthday or three years from the date the person had reason to know the child sexual abuse injured the person as established by medical or psychological testimony. Other Actions Typically, if it’s not provided in these statutes, it’ll be a 4 year limit.
| Keeping active within the URBEX Community. If you have to ask then I think you might be headed in the right direction.... |
| Dee Ashley
Location: DFW, Texas Gender: Female Total Likes: 1378 likes
Write something and wait expectantly.
| | | | Re: Legal Issues with Urbex Videos? < Reply # 33 on 11/29/2017 4:40 PM > | Reply with Quote
| | | Posted by Tribi
I don't have access rights to view this >.>
| Here is the post, just cut and pasted from that thread, sorry if some of it seems slightly out of context:
- I was pursued by a detective for this very reason. Quite relentlessly actually. I will admit the that the previous (and now deceased) owner of the property in question had played a very important role for the small and fairly wealthy suburban town, so I suppose my situation could fall into your #2 possibility (the children had been trying to sell the house for some time and were ultimately the ones involved in bringing about charges after another explorer [NOT from UER] searched for the owner and finally found the work email of one of the children).
Just to be clear, this was a case for trespassing only. No other crime was committed or charged against me. See my response below to 2X for more detail. Let me start by saying this: If you plan to engage in this activity and trespass on a regular basis, you will eventually get caught, regardless of how careful you are.
The good news is that as long as you're not doing anything else illegal and you aren't trespassing on a sensitive location (Superfund, critical infrastructure, military, etc.), you will probably be let go with a warning if you're caught, or at worst, receive a fine. I've been issued both, personally. Most people that engage in this activity know this, and choose to take the risk. That would be a typical (in the United States, anyways) response. It is certainly NOT a guarantee! Take my current situation for example: I have no criminal record whatsoever (besides minor traffic violations), was not caught in the actual act of trespassing but rather months after the fact, and had committed no other crime while trespassing. However, when I was criminally charged with this offense my charge was enhanced to a class A misdemeanor. This is the highest level one can be charged criminally in Texas for trespassing. This is also the highest class of misdemeanor one can face without facing a felony. I was arrested several months after I had been to the location and that was after a warrant was issued for my arrest. It was obvious that the local PD had put a lot of time into this case. So much so, that I still feel baffled and incredulous when I think about the entire sequence of events. It still shocks me every time I replay the entire nightmare over in my head (something I try to avoid, which is a big reason why I haven't shared too much about this one yet). I was arrested after a trooper decided to run my plates on my way home from Arkansas (which is a pretty fucked up story in its own right). I was placed on bond for over a year (at which time I was required to attend court in person every month in a county over an hour away for the entire year and a half of said bond), forced to pay over $10,000 in court fees, attorney fees, and probation fees (I'm still paying off all of these things), 100 hours of community service (I've completed about 20 so far), attend "life skill" classes (WTF?), and ultimately sentenced to almost two years of supervised probation in a distant county for... You guessed it. Trespassing. I backed out of my trial (by jury) 2 days before it was scheduled to begin. The DA would have likely sought the maximum punishment which would have been a year in jail. At minimum, he would have sought 180 days. I had too much to lose, and frankly, I had a weak case. There are several other reasons I backed out, but that is for another day. My situation is exceptionally rare. In fact, I've never heard of anyone being punished as harshly for trespassing. I do feel like I was treated unfairly. However… I also have to accept that I knew I was breaking the law when I chose to photograph that location, even if I was ignorant to the possibility my punishment would be a life altering one. Out of all of the misery, despair, and overall spectrum of negative emotions I've experienced in the last two and a half years, the one that really hits where it hurts is the feeling of betrayal of someone that started a local UE group that I had come to trust and respect. We had never even met or had any interaction at all. I'll never know why she would want to build and be a part of an urban exploration group only to rat out her own members. That, and the utter severity of the punishment in relation to the crime is what fucks with me the most. So, yes, these things can happen, and not just to people that act like assholes and vandalize, rape, and pillage abandoned properties. I treated everything around me with respect and felt honored to learn about the people that once resided there. My intention was to honor a man's legacy and a family's memory, but in an anonymous way (and don't fool yourselves. The law cares NOTHING for your intentions if you're committing a crime). Unfortunately the family did not reciprocate those feelings and I now have to accept the consequences of my actions.
*I know I responded to this already, but how I managed to literally misplace my entire post and still think I had posted it is beyond me. There is a very good chance that this is also floating around somewhere else on UER or lost in the bowels of my computer. This version is more or less what I had initially shared (or thought I shared), although not as detailed due to the fact it's 530 in the morning, and damnit, I already wrote this post! Anyways... this is actually something I've been wanting to share on here for quite a while, but could not do so until recently for reasons that will should be obvious. At some point, most likely after all of the legal bullshit is far behind me, I plan on starting some kind of thread based on this experience. Until then, this will have to do. If nothing else, I hope I can help someone else avoid the same pitfall. I wouldn't wish this experience on my worst enemy. When I am willing and able, I plan on sharing the story in its entirety, but for now the abbreviated version will have to suffice.
| I wandered till the stars went dim. |
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