Arrested for note, screams

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George Ogilvie, a spokesman for the U.S. Secret Service, told the Los Angeles Times that officials arrested the man on Friday on suspicion of violating U.S. Code Title 18 Section 879.


The man has been identified as 44-year-old Benjamin Smith of New York.


Inside his car, officials found a loaded rifle, machete and container of gasoline.


Smith was first reported to local police by his mother after she found a threatening note in the home they share, Reuters reported.


Smith's attorney, Peggy Cross-Goldenberg, told Reuters that the note and her client's screams are not a "true threat."






http://www.latimes.com/nation/nationnow/la-na-nn-bush-threat-20140201,0,5229127.story#ixzz2s6twtuJm
 
(a) Whoever knowingly and willfully threatens to kill, kidnap, or inflict bodily harm upon—
(1) a former President or a member of the immediate family of a former President;
(2) a member of the immediate family of the President, the President-elect, the Vice President, or the Vice President-elect;
(3) a major candidate for the office of President or Vice President, or a member of the immediate family of such candidate; or
(4) a person protected by the Secret Service under section 3056 (a)(6);
shall be fined under this title or imprisoned not more than 5 years, or both.
(b) As used in this section—
(1) the term “immediate family” means—
(A) with respect to subsection (a)(1) of this section, the wife of a former President during his lifetime, the widow of a former President until her death or remarriage, and minor children of a former President until they reach sixteen years of age; and
(B) with respect to subsection (a)(2) and (a)(3) of this section, a person to whom the President, President-elect, Vice President, Vice President-elect, or major candidate for the office of President or Vice President—
(i) is related by blood, marriage, or adoption; or
(ii) stands in loco parentis;
(2) the term “major candidate for the office of President or Vice President” means a candidate referred to in subsection (a)(7) ofsection 3056 of this title; and
(3) the terms “President-elect” and “Vice President-elect” have the meanings given those terms in section 871 (b) of this title.
 
Are you saying it should be legal to:

(a) knowingly and willfully threaten to kill, kidnap, or inflict bodily harm upon—
(1) a former President or a member of the immediate family of a former President;
(2) a member of the immediate family of the President, the President-elect, the Vice President, or the Vice President-elect;
(3) a major candidate for the office of President or Vice President, or a member of the immediate family of such candidate; or
(4) a person protected by the Secret Service under section 3056 (a)(6)?
 
Big Money said:
Are you saying it should be legal to:

(a) knowingly and willfully threaten to kill, kidnap, or inflict bodily harm upon—
(1) a former President or a member of the immediate family of a former President;
(2) a member of the immediate family of the President, the President-elect, the Vice President, or the Vice President-elect;
(3) a major candidate for the office of President or Vice President, or a member of the immediate family of such candidate; or
(4) a person protected by the Secret Service under section 3056 (a)(6)?
Click to expand...

why should it be a crime just saying words, even if it's a threat? there's no crime upon the person or property.
 
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