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re: Thoughtcrime - Where is the line?

Posted on 5/5/18 at 3:22 pm to
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27204 posts
Posted on 5/5/18 at 3:22 pm to
For the sake of the conversation, here is Vermont's attempt statute:

quote:

Universal Citation: 13 V.S.A. § 9
§ 9. Attempts

(a) A person who attempts to commit an offense and does an act toward the commission thereof, but by reason of being interrupted or prevented fails in the execution of the same, shall be punished as herein provided unless other express provision is made by law for the punishment of the attempt. If the offense attempted to be committed is murder, aggravated murder, kidnapping, arson causing death, human trafficking, aggravated human trafficking, aggravated sexual assault, or sexual assault, a person shall be punished as the offense attempted to be committed is by law punishable.

(b) If the offense attempted to be committed is a felony other than those set forth in subsection (a) of this section, a person shall be punished by the less severe of the following punishments:

(1) imprisonment for not more than 10 years or fined not more than $10,000.00, or both; or

(2) as the offense attempted to be committed is by law punishable.

(c) If the offense attempted to be committed is a misdemeanor, a person shall be imprisoned or fined, or both, in an amount not to exceed one-half the maximum penalty for which the offense so attempted to be committed is by law punishable. (Amended 1971, No. 199 (Adj. Sess.) § 3; 1973, No. 109, § 4, eff. 30 days from April 25, 1973; 1993, No. 95, § 5; 2011, No. 55, § 5.)


LINK /

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In my opinion, the case will turn on whether the prosecutor or trier of fact deem the purchase of the firearm to be an act toward commission.
This post was edited on 5/5/18 at 3:24 pm
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