Student Wears Joker Mask to Colo. Theater, Gets Arrested
A 17 year old student was in a juvenile detention center Sunday night after wearing a joker mask to a Colorado Century movie theater in Boulder. He didn't have a weapon or make any threats, but 5 patrons were scared enough to leave and call 911, which police say is enough for 5 misdemeanor menacing charges.
A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed: (a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or (b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.
Police say the student knew about the Aurora theater shootings which occurred while the Dark Knight was scheduled to be shown. Is that enough to show he knowingly placed people in imminent fear of bodily injury? Probably. [More...]
Menacing is a general intent crime requiring only that the defendant be aware that the defendant's conduct is practically certain to cause the result. People v. Zieg, 841 P.2d 342 (Colo. App. 1992); People v. Segura, 923 P.2d 266 (Colo. App. 1995); People v. District Ct., 17th Jud. Dist., 926 P.2d 567 (Colo. 1996); People v. Saltray, 969 P.2d 729 (Colo. App. 1998); People v. Shawn, 107 P.3d 1033 (Colo. App. 2004).
.... it is only necessary that the defendant be aware that his conduct is practically certain to cause fear. People v. District Ct., 17th Jud. Dist., 926 P.2d 567 (Colo. 1996); United States v. Blackwell, 323 F.3d 1256 (10th Cir. 2003).
Why did he do it?
The teen told police he wore the mask to scare his friends and planned to dress as the Joker character for Halloween next year, police said.
Pretty lame excuse. But even if his act turns out not be criminal, it sure was stupid.
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