What would the charge be?

[Wifeofadeputy]

Guy is standing outside of the grocery store, in front of his mini-van which is parked in the very first spot. His license plate is covered by an 'open' sign and the hatch is open. From the back of the mini-van he is selling a variety of things, from socks and incense, to DVD's. Normally it wouldnt have even caught my eye as this is something that goes on all the time around here, except the DVD movies that he was selling were all still titles in the theatres. Spongebob, Polar Express, Christmas with the Kranks, The Incredibles... etc.

I did try to get the plate # from the front plate, but it was covered as well, so when I called, I gave the best description that I could.

So, what would the charge be? When I called hub, he said he wouldnt have a clue, and that call would give him a headache! LOL

[mcsap]

We have local ordinances for " Transient Retail Merchants". They MUST have a permit to sell or solicit. Fine is $25-$300 and or up to 90 days in jail. If they are from out-of-state ( Maryland line is only 15 miles away) , they get arraigned and if they cant post the typical $300 collateral, they go to jail.

[Wifeofadeputy]

So what do you do then? The movies are blatantly illegal. Wouldnt that be theft of inellectual property. Do you pass it on to someone else? Do you handle it there? I was really curious about that part =)

[JD45]

Operating w/o a business permit and a U.S. Title 18 for copyright violations.

[Wifeofadeputy]

Operating w/o a business permit and a U.S. Title 18 for copyright violations.

Thanks JD =) Whats the penalty for "US Title 18" ?

[oscarmitre]

In my jurisdiction it would be theft of copyright and a few other indictable offences.

[txinvestigator1]

In Texas locals don't enforce Federal Laws as they have no jurisdiction. A motivated local might call the FBI...maybe.

[JD45]

Thanks JD =) Whats the penalty for "US Title 18" ?

I know its a felony, but I'm not sure of the punishment it gives. I use this website to look at unabridged CVC, PC and other sections.

http://www.leginfo.ca.gov/calaw.html

[Wifeofadeputy]

In Texas locals don't enforce Federal Laws as they have no jurisdiction. A motivated local might call the FBI...maybe.

See, thats what sparked my curiousity. Its blatantly illegal... but how is it handled? I understand the selling without a permit and those things, but wasnt sure about what could/would be done about what was actually being sold.

[tomahawk134]

I envision a host of things .......
Conducting retail sales without a license
Reselling possible stolen merchandise
Trespassing on Private Property
Possible vehicle violation (improper display of vehicle tag, possible invalid vehicle registration, possible proof of insurance)
Possible 29's on the driver/occupants of the vehicle


tomwoolworth

[Wifeofadeputy]

I know its a felony, but I'm not sure of the punishment it gives. I use this website to look at unabridged CVC, PC and other sections.

http://www.leginfo.ca.gov/calaw.html

Thanks JD... I love that site and use it all the time =)

[lindat2957]

We had this, and used a combo approach on it. The vending without a license worked until we could figure everything else out. I actually had to bother one of our fraud guys for the answer on the videos. IF I remember correctly it was a felony and there is a section that we can book on for it. We took everything he had for sale and all money he had on him as evidence.

If they don't have a long rap then they probably only get probation out of it for a first time deal.

[Wombat311]

A lot of the weekend markets sell pirated movies and so forth here. They had a big operation recently and seized thousands of them and charged dozens of people.
I wouldn't have a clue what the charge is, but I know who to call to find out. Does that count?

[oscarmitre]

Just as an aside, Wombat about 18 months ago we modernised our common law of larceny and associated offences and went to theft along the lines of the UK legislation and your state's legislation. We also took some ideas from the Attorney-Generals' committee on revising the criminal law. So far it is working quite well and while I would have been scratching my head about this situation (and probably advising civil action) two years ago now it is neatly wrapped up in several indictable offences here. Ah progress

[Johninaustin]

No permit, Criminal Trespass, probably has warrants. It's quite a common thing down here. If they are roadside I'll tag them for that too.

Another avenue if they are actually soliciting cars, is Pedestrian in the Roadway. (Works very well for transients)

As for the pirate video charges, no way am I getting tied up in all that. A phone call may be in order to the fraud guys. Calling the feds would be a waste of time.