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Date:      Fri, 15 Jan 1999 21:43:08 -0500 (EST)
From:      Robert Huff <rhuff@cybercom.net>
To:        hackers@FreeBSD.ORG
Subject:   Re: Forward all spam to UCE@FTC.GOV
Message-ID:  <199901160243.VAA11318@shell1.cybercom.net>
In-Reply-To: <87597569@toto.iv>

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Zach Heilig writes:
>  [ I am not a lawyer, nor do I play one on TV ]
>  
>  On Fri, Jan 15, 1999 at 10:58:27AM +0000, Mark Ovens wrote:
>
>  > I was under the impression that felony was 'serious' crimes,
>  > murder, rape, burglary etc, etc. which makes it seem a bit
>  > extreme to make junk faxing/e-mailing a felony.
>  
>  Literally (from a 1965 edition of Webster's dictionary [*]):  (a) a
>  grave crime formerly differing from a misdemeanor under English
>  common law by involving forfeiture in addition to any other
>  punishment (b) a grave crime expressly declared to be a felony by 
>  the common law (c) a crime declared a felony by statute because of
>  the punishment imposed.

	Bottom line: "felony" is whatever the legislature says it is.
	Rule of thumb: it's a felony if it involves possible
incarceration of over 1 year, or a fine of more than $1000.


			Robert Huff
			(Not a lawyer either)


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