LEGAL ASPECT OF A VICTIMLESS CRIMES

Sacramento Criminal Attorney

Sacramento Criminal Attorney Explains the Legal Aspect of a Victimless Crimes

The phrase “victimless crime” is not a legal term. It is a more casual phrase that is meant to describe crime that does not directly cause harm to anyone nor infringe upon their rights, but that is technically illegal. This article intends to explain some of the laws that some may consider to be “victimless.” It is a very subjective matter and can affect people in many different ways. Always make sure to speak with a Sacramento criminal attorney who can provide more accurate details regarding your specific case.

Cannabis Use

Though the possession and use of cannabis is no longer considered a crime in California after the passing of Prop 64 in November 2016, there are still laws relating to its use. Many believe laws that prohibit personal use of recreational drugs limit personal freedom. Some may argue that the direct use of drugs does not affect non-drug users. Many others, however, argue that there are indirect effects such as the behavior of an individual suffering from addiction and the violence that is associated with the illegal drug trade. It may be also argued that the illegality of the drugs is what creates this violence. Regardless, if you are involved in a victimless crime involving cannabis, make sure to speak to a Sacramento criminal attorney for advice.

Tax Evasion

Some people believe they shouldn’t be made to pay taxes because the government doesn’t represent them or misuses the funds. This can be considered a victimless crime because it doesn’t directly harm or oppress anyone. Just remember that the government rarely backs down from a fight, and if you owe taxes, they won’t stop coming after you until you have handled it.

Prostitution

Prostitution is often considered “victimless” because it is a consensual act engaged in by adults who are aware of their actions. Some people don’t think prostitution and other related crimes should be illegal for this reason. These individuals don’t necessarily participate in or support the act of prostitution, but believe prostitution to be a victimless crime that should not be policed. Charging people with prostitution or soliciting a prostitute may seem like a way for the government to police the morals of citizens and infringe on individual’s rights.

On the other side of the argument, people believe there are indeed victims – the prostitutes themselves. There is a belief, with some evidence, that women and sometimes underage girls are forced into prostitution for the financial gain of others.

Prostitution is a misdemeanor offense. Second offenses can be punished by 45 days in jail and third offenses may result in 90 days in jail.

Pimping is the act of profiting from the prostitution of another individual. It is a felony crime punishable by up to six years (eight if involving the prostitution of an individual under 16 years old)

Gambling

Gambling is a very significant industry in the state of California. In 2004, the total revenue for gambling in California totalled $13 billion. Slot machines and gambling on the internet are generally illegal in California. There are many requirements on exactly what kind of gambling is permitted and tight regulations on the location, ownership, employment, and supply for gambling in the state.

Many individuals may engage in online gambling in California, not realizing they are breaking the law. The fact that people can so easily break the law unknowingly is one argument for why it should not be illegal. This is another crime that some believe infringes on our first amendment rights as United States citizens. It seems like a victimless crime because the only victim is the individual willingly participating in the act (and perhaps indirectly his or her family if gambling has become a damaging addiction).

Charitable gambling is a fundraising technique that is generally prohibited in the state of California. Charitable gambling is allowed only if the nonprofit agency that wishes to put on the event registers with the Bureau of Gambling Control for approval. These events are only permitted once per calendar year. All businesses that supply equipment and other services to the charitable gambling event must also be registered.

All forms of gambling are regulated – even seemingly harmless activities, such as bingo and raffles, are regulated when conducted as a fundraising activity. The organizations that intend on hosting these events must register with the Registry of Charitable Trusts before raffles may be conducted. After each raffle event, a financial disclosure report must be filed.

Penal Code 422.6

This law states that it is illegal to threaten, interfere with, or oppress an individual exercising his or her rights based on that individual’s characteristics. This includes persons “acting under color of law.” This penal code was meant to protect individuals from hate crimes, but is often used in arguments about the illegitimacy of so-called “victimless” crimes.

Speak with a Sacramento Criminal Attorney if You Believe You Are Involved in a Victimless Crime

A victimless crime is a very subjective and complicated matter. A Sacramento criminal attorney can take a look at your case and see what the best course of action is. With more than a decade of experience handling such cases, our Sacramento criminal attorney is here to help you with your legal matters. Give us a call at (916) 441-3500 for a consultation today.