Quote:
Originally posted by SlaveNoMore
Riddle me this.
Someone burns a cross on Blackacre to purportedly scare the local black family.
Unbeknownst to the arsonist, said family moved out 2 weeks ago and some Irish family - call them the McGills - bought the house.
Person gets caught.
How do you charge him?
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It depends on the statute.
This isn't the only area of criminal law that gives rise to these sorts of issues (i.e., the sort of issues where a law school exam hypo can point out potential concerns).
Someone solicits a female on the Internet for sex, thinking she's 15 years old. Turns out she's a 44 year old FBI agent (or Not Me). How do you charge him?
