Hello, What are the legal issues surround taking someones phone in a movie theatre and smashing it against a wall? (for texting constantly throughout a movie) Can they actually do anything?
Depending on where, and what one is charged with, one could end up with nothing happening up to going to jail or something in between. Russell Brand did this and here is what happened with him: http://www.tmz.com/2012/07/26/russell-brand-sentenced-iphone-new-orleans/
Depends on what happened after that and the scenario at that moment so I'll agree with the post above, from nothing to going to the jail.
why would you go to a movie if your gonna play with your phone in the first place? If your ruining everyones movie experience, then you should have been thrown out, or refund everyone that you interrupted. Here at least, it would be considered to be vandalism, but you would need to be prepared to take them to court, and have witnessess, i think you even need to file a police report within a certain time frame. we had a pshyco smash our door in on the car. we didnt have witnesses AND the stupid cops gave him our address, so we had no choice but to drop it. Unless your prepared to go to court, and your prepared to pay for all the court costs in case you lose the case, then you need to move on. Perhaps next time, you will learn to turn your mobile off or just rent a DVD at home.
Perhaps you should read the post first before commenting. How do you know it was the OP's phone as he does not mention this. Op's sounds like your in the U.S. its obvious criminal damage and theft
i did, but yes, for all we know he might have been the one who threw the phone, in that case, good on him. Perhaps you should read the ops message and you will see that he is from canada, not US.
Thanks for the replies guys. People whom use their phones in a movie theatres are the worst people in existence.. Just wonder what can be legally done against them to get the point across that they are ruining the experience for everyone. Since the actual theatre rarely does anything to stop it and often telling people to put their phone away is ignored. Last I checked recourse with water is legal (pouring on head or device). Correct?
No. Pouring water on someone might be considered battery, and pouring water on the device would be criminal damage to property. Why don't you just get a flashlight and shine it in his face?
Sounds like they got what they deserved. That being said, sounds like a small court claim to me if it's under $500.
The last time I checked, being an a$$hole wasn't illegal in the US, nor was it legal justification to commit a criminal act OR a civil tort (damaging someone's phone is a civil tort) against that person. SHOULD the law be different? Opinions are all over the place. What can you do? Ask the theater to either throw the person out or refund your money and you'll leave. If the theater will do neither, there's not much you can do other than leave or change your seat. (I know - why should YOU be inconvenienced because SOMEONE ELSE is being inconsiderate? Because there's nothing else you CAN do without taking the chance that you'll end up with the short end of the stick.)
I see the OP is located in Canada. Someone who smashes the phone would be committing mischief, contrary to s. 430 of the Criminal Code. Someone who pours water on someone else would be committing assault (in Canada, the Criminal Code has merged assault and battery into one offence), contrary to s. 265 of the Criminal Code. Personally, I am not bothered by someone who texts in a theatre as long as their phone isn't making noise--it's their loss if they're not watching the movie for which they paid. As Rukbat says, if you don't like it, go get an usher. If the usher doesn't do anything, ask for a refund. If the theatre doesn't give a refund, complain to the BBB.