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Geo
    
 |  | Statute of limitations on US gov't. property?
< on 1/23/2007 1:44 PM >
|  | | | Does anyone know if the same limitations apply on, say...military installations?
GV
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Nightskye
location:
Southern Maine
Gender: Male
| |  |  | Re: Statute of limitations on US gov't. property?
<Reply # 1 on 1/23/2007 4:15 PM >
| | | | http://assembler.l..._10_II_20_213.html
§ 3282. Offenses not capital
(a) In General.— Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.
(b) DNA Profile Indictment.—
(1) In general.— In any indictment for an offense under chapter 109A for which the identity of the accused is unknown, it shall be sufficient to describe the accused as an individual whose name is unknown, but who has a particular DNA profile.
(2) Exception.— Any indictment described under paragraph (1), which is found not later than 5 years after the offense under chapter 109A is committed, shall not be subject to—
(A) the limitations period described under subsection (a); and
(B ) the provisions of chapter 208 until the individual is arrested or served with a summons in connection with the charges contained in the indictment.
(3) Defined term.— For purposes of this subsection, the term “DNA profile” means a set of DNA identification characteristics.
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Geo
| | Re: Statute of limitations on US gov't. property?
<Reply # 2 on 1/23/2007 8:00 PM >
| | | | Nightskye
Ok, you seem to have a solid grasp of things. Something i've also considered, is trespassing an indictable offense? I thought it had to be a felony to be indicted on it. I've never heard of someone being indicted on a missy.
So, if its not an indictable offense, then most of the things about security/people being able to detain you would not apply?
Then the 5yr statute wouldnt apply either...follow the reasoning there?
GV
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blackhawk
This member has been banned. See the banlist for more information.
location:
Mission Control
UER newbie
| |  | Re: Statute of limitations on US gov't. property?
<Reply # 3 on 1/24/2007 5:35 AM >
| | | | Posted by GeoViolator
Nightskye
Ok, you seem to have a solid grasp of things. Something i've also considered, is trespassing an indictable offense? I thought it had to be a felony to be indicted on it. I've never heard of someone being indicted on a missy.
So, if its not an indictable offense, then most of the things about security/people being able to detain you would not apply?
Then the 5yr statute wouldnt apply either...follow the reasoning there?
GV
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Forget it. If they want to hook you, book you, cook you, they can. It's the Feds!
If anything it's easier to arrest you and the penalties are much worse. If your lucky the case will be heard in a federal court. If they think your a terrorist they have special places for those...
Trespassing on a federal installation carries harsh fines and you will need an expensive criminal lawyer (prolly about $3K to start) to navigate these waters. Fines up to $5000 and 1 year in prison are possible. If they charge you with other offenses things could get much worst.
Here's one an example for those that want to fuck around old DOD atomic sites:
Department of Energy
Pt. 861
PART 860—TRESPASSING ON DE-
PARTMENT OF ENERGY PROP-
ERTY
Sec.
860.1 Purpose.
860.2 Scope.
860.3 Trespass.
860.4 Unauthorized introduction of weapons
or dangerous materials.
860.5 Violations and penalties.
860.6 Posting.
860.7 Effective date of prohibition on des-
ignated locations.
860.8 Applicability of other laws.
A
UTHORITY
: Sec. 161, 68 Stat. 948, sec. 229, 70
Stat. 1070; (42 U.S.C. 2201; 2278a); sec. 104, 88
Stat. 1237, sec. 105, 88 Stat. 1238 (42 U.S.C.
5814, 5815); sec. 5, Pub. L. 100–185, 101 Stat.
1279 (18 U.S.C. 3559); sec. 6, Pub. L. 100–185, 101
Stat. 1280 (18 U.S.C. 3571); sec. 7041, Pub. L.
100–690, 102 Stat. 4899 (18 U.S.C. 3559).
S
OURCE
: 58 FR 47985, Sept. 14, 1993, unless
otherwise noted.
§860.1 Purpose.
The regulations in this part are
issued for the protection and security
of facilities, installations and real
property subject to the jurisdiction or
administration, or in the custody of,
the Department of Energy.
§860.2 Scope.
The regulations in this part apply to
all facilities, installations and real
property subject to the jurisdiction or
administration of the Department of
Energy or in its custody which have
been posted with a notice of the prohi-
bitions and penalties set forth in this
part.
§860.3 Trespass.
Unauthorized entry upon any facil-
ity, installation or real property sub-
ject to this part is prohibited.
§860.4 Unauthorized introduction of
weapons or dangerous materials.
Unauthorized carrying, transporting,
or otherwise introducing or causing to
be introduced any dangerous weapon,
explosive, or other dangerous instru-
ment or material likely to produce
substantial injury or damage to per-
sons or property, into or upon any fa-
cility, installation or real property
subject to this part, is prohibited.
§860.5 Violations and penalties.
(a) Whoever willfully violates either
§860.3 or §860.4 shall, upon conviction,
be guilty of an infraction punishable by
a fine of not more than $5,000.
(b) Whoever willfully violates either
§860.3 or §860.4 with respect to any fa-
cility, installation or real property en-
closed by a fence, wall, floor, roof, or
other structural barrier shall upon con-
viction, be guilty of a Class A mis-
demeanor punishable by a fine not to
exceed $100,000 or imprisonment for not
more than one year, or both
Just when I thought I was out... they pulled me back in.
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Nightskye
location:
Southern Maine
Gender: Male
| | | | Re: Statute of limitations on US gov't. property?
<Reply # 4 on 1/27/2007 10:12 PM >
| | | | Posted by blackhawk
Forget it. If they want to hook you, book you, cook you, they can. It's the Feds!
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Correct. Remember, we have a nasty umbrella law called the Patriot Act still in force in the US. Hopefully it will be watered down when it comes up for renewal (probably too much to hope for that it will be scrapped), but for now, you can be held by Feds without cause. Somehow I think the FBI would be a lot less forgiving than state or local authorities...
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