Disturbing laws from teh California State Penal Code!

[Alexis SC430]

I originally asked 1101011001010101001 for help with this topic, but he lacked any positive input (well, I shouldn't say that since he said some nice things about me :), but he couldn't offer me any additional assistance with this topic). :P

Here is an actual criminal law from the California State Penal Code 2005:


244. Throwing Acid With Intent to Burn or Disfigure
Any person who willfully and maliciously places or throws, or causes to be placed or thrown, upon the person of another, any vitriol, corrosive acid, flammable substance, or caustic chemical of any nature, with the intent to injure the flesh or disfigure the body of that person, is punishable by imprisonment in the state prison for two, three or four years.
As used in this section, "flammable substance" means gasoline, petroleum products, or flammable liquids with a flashpoint of 150 degrees Fahrenheit or less.Can you believe that you only get 2 - 4 years for doing this?? You can receive 25 to LIFE just for cutting off someone's finger or ear in this state (if found guilty of Aggravated Mayhem), but the state legislature only thinks you deserve some token sentence for throwing acid in someone's face?!

Now, naturally any DA would probably also try and nail you with Attempted Murder. But, if intent cannot be proved, and you have no prior criminal record, you're likely to get off with only TWO years in state prison, which of course means you'll be paroled in less than a year.

I mean, am I reading this right?? As far as I can tell most other states don't have specific acid throwing laws (although Mississippi does have a special murder law if you kill someone by deliberately overloading their boat with too much cargo so it sinks out at sea). And according to the footnotes in the Penal Code this law was upheld in court rulings as recently as 1995!

Then the other day on the Maury show (taking a break from the normal DNA paternity tests) the had on some girl who had had acid thrown in her face, and it was TERRIBLE! They showed some pictures of her face just after the incident occured and it had like literally melted off! Remember at the end of Raiders of the Lost Ark when like the Nazis opened up the ark and all those spirits and stuff came out and the Nazis' faces melted off? It looked A LOT like that and was really sad!

So, this just doesn't seem right to me. I guess I could like write to someone or something, but that probably wouldn't do any good. I'm not really sure how often acid throwing occurs, but I really think something should be done. All of the Mayhem laws that concern removal of a person's eyes, lips, nose, ears, arms, fingers, etc. all have strong sentences, but they all refer to "cutting" or "poking". None of them have any words to cover "melting" somone's eyes or nose or whatever off!

So, if anyone has any ideas on what should be done to increase prison terms for acid throwers please post them. Thank you.

[Mad Fox]

I'm sure people get longer senteces b/c Da's probably nail them with assualt disordly conduct, attempted word, assult with a deadly weapon, and aother things along that line.

[OUTLAWS high ping camper]

I think it's 2 to 4 years for "trying" to disfigure someone....hence the word "intent".
I would assume there are other laws dealing with people who had the intent, and actually did disfigure someone.

[Slice]

Well look at it this way, let's say one of your friends got mad at you and threw a battery at you (lets say a 9 volt for an example) it hit the pavement and blew apart and the acid inside hit your legs and you had minor burns on them afterwards. Then a day later you made up and everything was ok. Or that same day you decided you wanted to press charges. Would you want them to serve a life sentence for such a small crime? It is all case by case based and the severity of the crime. If you intentionally poured battery acid on someone's face and melted it off, you would get more then a 4 year sentence, probably a 40 year sentence if you were lucky, because other charges would apply at that point. If you are using Maury as your source of credibility, I would search further in to the law.

[BobtheCkroach]

I think it's 2 to 4 years for "trying" to disfigure someone....hence the word "intent".
I would assume their are other laws dealing with people who had the intent, and actually did disfigure someone.

Agreed.

I believe that placing the acid where it'll burn someone, or throwing it at them will net you a 2-year sentence, regardless of the outcome...simply the intent. If you actually get them burned, you open yourself up to those other crimes...the ones mad fox talked about.

[Alexis SC430]

I'm not using Maury as a source. That girl was not even in California; it just provided a nasty look at the effects of acid on someone's face.

Unless they could prove intent for murder there wouldn't really be any other charges to apply.

And the laws does specify "with the intent to injure the flesh or disfigure the body of that person" so I don't know if throwing a battery (unless you intended for it to break open and the acid to leak out) would apply...

[Slice]

Intent is for the lawyers to prove. ;) Look up the law if someone throws boiling water on your face and it basically melts your face off with 3rd degree burns.