Damage to personal property in public question

Discussion in 'Legal Issues' started by joecool6101, Oct 27, 2012.

  1. #1
    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?
     
    joecool6101, Oct 27, 2012 IP
  2. browntwn

    browntwn Illustrious Member

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    #2
    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/

     
    Last edited: Oct 27, 2012
    browntwn, Oct 27, 2012 IP
  3. oFuel

    oFuel Greenhorn

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    #3
    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.
     
    oFuel, Oct 27, 2012 IP
  4. matt_62

    matt_62 Prominent Member

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    #4
    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.
     
    matt_62, Oct 28, 2012 IP
  5. ronmac

    ronmac Well-Known Member

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    #5
    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

     
    ronmac, Oct 28, 2012 IP
  6. matt_62

    matt_62 Prominent Member

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    #6
    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.
     
    matt_62, Oct 28, 2012 IP
  7. joecool6101

    joecool6101 Well-Known Member

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    #7
    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?
     
    joecool6101, Oct 28, 2012 IP
  8. lothos

    lothos Member

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    #8
    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?
     
    lothos, Oct 28, 2012 IP
  9. Elysian

    Elysian Peon

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    #9
    6 months in jail if convicted? Not worth it.
     
    Elysian, Oct 29, 2012 IP
  10. joecool6101

    joecool6101 Well-Known Member

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    #10
    +1 I agree.
     
    joecool6101, Oct 29, 2012 IP
  11. SHOUTcast Ireland

    SHOUTcast Ireland Greenhorn

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    #11
    Yea plus you can go around damaging other peoples property no matter how badly they are acting :(
     
    SHOUTcast Ireland, Oct 30, 2012 IP
  12. bigp1612

    bigp1612 Greenhorn

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    #12
    Sounds like they got what they deserved. That being said, sounds like a small court claim to me if it's under $500.
     
    bigp1612, Nov 21, 2012 IP
  13. lothos

    lothos Member

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    #13
    sounds to me like criminal damage to property, which is a crime.
     
    lothos, Nov 21, 2012 IP
  14. Rukbat

    Rukbat Well-Known Member

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    #14
    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.)
     
    Rukbat, Dec 1, 2012 IP
  15. Law-Dude

    Law-Dude Active Member

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    #15
    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.
     
    Law-Dude, Dec 11, 2012 IP
  16. RockoftheMarne

    RockoftheMarne Peon

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    #16
    Of course it's criminal mischief but if you don't report it when it happens, forget it! too late now
     
    RockoftheMarne, Dec 17, 2012 IP