|The comments from ACFs are pathetic - one of them believed that putting an electrified sign on your lawn is illegal.|
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Posted by: LateForLunch ® |
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It's not illegal to put an electrified sign on your lawn as long as it's low enough voltage so it won't harm a normal person physically.
Startling someone is not illegal - especially since if the person reported the "crime" to law enforcement the cops would be obliged to ask him, "what were you doing with it in your hands?" So he would have to admit to a misdemeanor (malicious mischief) and be arrested/prosecuted.
Also the accuser would, in addition to admitting to committing a crime, be required to produce reliable witnesses to validate that the sign has in fact been there in the first place, that it was placed there by the property owner and that the alleged incident had taken place as stated. Then the officers would have to decide if there was sufficient evidence of a crime to detain or arrest the property owner (I'd be guessing NO!!)
If the city declined to press charges, the only legal recourse the shocked party would have would be a civil suit for damages - which again, would have to be proven in a court for him to have standing to sue ANYONE.
Then the chain of evidence starts all over again, with a judge deciding if the case can proceed or if it is frivolous (lacking in tangible evidence of tort). NOTE: Trespassing is a tort, startling people is not.
Modified by LateForLunch at Sun, Jan 05, 2020, 18:34:28
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