A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person:
By forcible compulsion; or
Who is incapable of consent by reason of being physically helpless; or
Who is less than eleven years old; or
Who is less than thirteen years old and the actor is eighteen years old or more.
2nd degree rape:
A person is guilty of rape in the second degree when:
being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old; or
he or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.
It shall be an affirmative defense to the crime of rape in the second degree as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the act.
3rd degree rape:
A person is guilty of rape in the third degree when:
He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;
Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or
He or she engages in sexual intercourse with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.
I don't see any problem with death/life without parole for #1, a hefty sentence for #2 and some sort of prison time for #3.
Why is rape so much worse than murder or attempted murder?
The law says you can respond to an attempted or ongoing rape with deadly force in most American jurisdictions. Ditto for kidnapping. If those crimes are heinous enough that we authorize deadly force to stop them then why can't the state do the same as a punishment?
Yeah, I had that argument with someone over the weekend. "Why should people on the watch list be allowed to buy guns?", my response "Why should the Attorney General be able to take away my rights with no due process?" The 5th amendment says that we can't be denied life, liberty or property without due process of law. Somehow I don't think that was meant to cover "The AG takes away your rights but you can appeal his determination if you have the financial resources to do so."
Ah, but it's for the children, so that's ok. Child molestation, DWI, terrorism, etc. All boogieman exploited by those seeking to whittle away at our rights.
it's limited to prisoners who meet a standard as being "sexually dangerous", so they're not just being held without due process.
Who makes that determination? A Judge or some member of the Executive? I had read that the guy who brought the case was condemned to civil confinement when the US Attorney General declared him to be "sexually dangerous".
Are we going to start seeing 18 year-olds locked up forever because they had sex with a girl a few months younger than them? It sounds silly, but we already routinely label this a "sex offense". Will taking a drunken piss in an alley set you up for decades in prison? Again, common sense says that's ridiculous but again, it can already get you labeled as a sex offender.
If we had common sense we would execute the real sickos and make this whole debate about offender registries and civil confinement a moot point. You touch a child and you die. I could get behind that.
I don't really understand why you consider a fairly minimal invasion of the nudity taboo more important than averting a small but non-trivial threat to your life.
Because the act of getting into a motor vehicle and driving to work significantly more dangerous than boarding an airplane under the pre 9/11 security protocol.
From a practical standpoint the body scanners are useless anyway. They do not scan body cavities. A really determined individual can still bring an explosive on the plane. When someone pulls a stick of TNT out of his ass and tries to bring down a plane will you be meekly submitting to cavity searches?
Would I be allowed to drive slowly down a street taking pictures of kids at a park as long as I wasn't a convicted pedophile?
Yes. You might get some evil looks and wind up having a discussion with the police but I'm not aware of any law against taking pictures of people in public places.
While a locked cockpit door is a big plus, people could still threaten the entire plane with a bomb.
So what? Hint: Nothing in life is completely safe. The sooner you accept this the better you'll feel. That's not to say that we shouldn't take steps to mitigate this risk -- but the last in-air bombing that I can think of was Pam Am Flight 103 in 1988.
I really don't care if some homeland security person is looking at my penis. I'm not that insecure, and I'm not that wrapped up with stupid modesty taboos.
Good for you. Some of us value our privacy more than we value expediency.
I'm more than aware that "don't fly" is, at best, a poor option, but if you've got some extra time there's always sea travel, which is actually often a lot of fun.
I would love to take a sea voyage. Only problem is that it's time consuming and not real feasible unless I want to quit my job:(
So it looks like my choices are to submit to the Orwellian security theater or abandon my desires to travel around the world and limit myself to exploring the United States and Canada. *sigh*, the fucking terrorists won....
No, you fail. I didn't say we didn't need to search luggage or people. All I said was that you could have prevented 9/11 with a locked cockpit door. The plane itself may still be a target but we can mitigate that risk to manageable levels without forcing people to go through machines that paint picture perfect images of their genitalia.
The passengers are checked to ridiculous measures, but if you work at an airport your protocols are entirely different
That's an understatement. I have a friend who used to work at the local airport. I've been on behind the scenes tours with him and the security folks (ranging from TSA, to law enforcement to rent-a-cops) never even batted an eyelash when he took me past the checkpoint. They didn't ask me to go through the metal/explosives detectors or to wear a guest badge of some sort. We just walked right past them and my friend says "He's with me." Granted, this is a small town airport with not a lot of activity (three flights per day) but the ease with which it was possible to get into the secured areas seemed to make a mockery of all the FUD we've been fed about airport security. It occurs to me that if somebody wanted to do bad things he could just buy off the right person(s) at the airport to gain access.
Sad but true. I have this image in my head of the future of air travel. Picture an explosive decompression. Oxygen masks drop from the overhead in first class. Coach travelers get a credit card reader. "Please swipe your credit card here for 5 minutes of oxygen...."
The fact that we soon may not be able to board an airplane without a government bureaucrat looking at our cocks is ample proof that the terrorists won. Fucking FUD -- all that we needed after 9/11 was a locked cockpit door.
and they are also probably largely responsible for most of the failed mortgages.
Next time look up the facts before spouting your bullshit. Florida is the only Southern state in the top 5 for foreclosures, isn't typically regarded as part of the South in any event. The worst of the meltdown happened out west -- California, Nevada and Arizona.
With the internet primary source material is -very- easy to find and would teach children how to think rather than how to be brainwashed by the Right/Left.
Yeah, there's no way to get brainwashed by the left or the right on the internet....;)
I don't see nothing in the Second Amendment that says I shouldn't be able to protect myself and my family with the firearm of my choice just because of a little armed robbery.
It's not in the 2nd amendment. It's in the 5th amendment: No person shall... be deprived of life, liberty, or property, without due process of law
NYS defines 1st degree rape as such:
A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person:
2nd degree rape:
A person is guilty of rape in the second degree when:
3rd degree rape:
A person is guilty of rape in the third degree when:
I don't see any problem with death/life without parole for #1, a hefty sentence for #2 and some sort of prison time for #3.
Why is rape so much worse than murder or attempted murder?
The law says you can respond to an attempted or ongoing rape with deadly force in most American jurisdictions. Ditto for kidnapping. If those crimes are heinous enough that we authorize deadly force to stop them then why can't the state do the same as a punishment?
Democracy is two wolves and a sheep deciding what to have for dinner.
Yeah, I had that argument with someone over the weekend. "Why should people on the watch list be allowed to buy guns?", my response "Why should the Attorney General be able to take away my rights with no due process?" The 5th amendment says that we can't be denied life, liberty or property without due process of law. Somehow I don't think that was meant to cover "The AG takes away your rights but you can appeal his determination if you have the financial resources to do so."
Ah, but it's for the children, so that's ok. Child molestation, DWI, terrorism, etc. All boogieman exploited by those seeking to whittle away at our rights.
Slippery slopes aren't actually all that slippery unless you have your eyes closed.
Your eyes are the ones that are closed if you can't see our airport security regime for the ineffectual security theater that it is.
it's limited to prisoners who meet a standard as being "sexually dangerous", so they're not just being held without due process.
Who makes that determination? A Judge or some member of the Executive? I had read that the guy who brought the case was condemned to civil confinement when the US Attorney General declared him to be "sexually dangerous".
Are we going to start seeing 18 year-olds locked up forever because they had sex with a girl a few months younger than them? It sounds silly, but we already routinely label this a "sex offense". Will taking a drunken piss in an alley set you up for decades in prison? Again, common sense says that's ridiculous but again, it can already get you labeled as a sex offender.
If we had common sense we would execute the real sickos and make this whole debate about offender registries and civil confinement a moot point. You touch a child and you die. I could get behind that.
I don't really understand why you consider a fairly minimal invasion of the nudity taboo more important than averting a small but non-trivial threat to your life.
Because the act of getting into a motor vehicle and driving to work significantly more dangerous than boarding an airplane under the pre 9/11 security protocol.
From a practical standpoint the body scanners are useless anyway. They do not scan body cavities. A really determined individual can still bring an explosive on the plane. When someone pulls a stick of TNT out of his ass and tries to bring down a plane will you be meekly submitting to cavity searches?
Would I be allowed to drive slowly down a street taking pictures of kids at a park as long as I wasn't a convicted pedophile?
Yes. You might get some evil looks and wind up having a discussion with the police but I'm not aware of any law against taking pictures of people in public places.
While a locked cockpit door is a big plus, people could still threaten the entire plane with a bomb.
So what? Hint: Nothing in life is completely safe. The sooner you accept this the better you'll feel. That's not to say that we shouldn't take steps to mitigate this risk -- but the last in-air bombing that I can think of was Pam Am Flight 103 in 1988.
I really don't care if some homeland security person is looking at my penis. I'm not that insecure, and I'm not that wrapped up with stupid modesty taboos.
Good for you. Some of us value our privacy more than we value expediency.
I'm more than aware that "don't fly" is, at best, a poor option, but if you've got some extra time there's always sea travel, which is actually often a lot of fun.
I would love to take a sea voyage. Only problem is that it's time consuming and not real feasible unless I want to quit my job :(
So it looks like my choices are to submit to the Orwellian security theater or abandon my desires to travel around the world and limit myself to exploring the United States and Canada. *sigh*, the fucking terrorists won....
How is a flight on an American airline traveling to New York City considered a "non US flight"?
Driving may take more time and cost more money
When you find a way to drive from the United States to Europe and Australia let me know. I'd like to visit both locales again during my lifetime :(
No, you fail. I didn't say we didn't need to search luggage or people. All I said was that you could have prevented 9/11 with a locked cockpit door. The plane itself may still be a target but we can mitigate that risk to manageable levels without forcing people to go through machines that paint picture perfect images of their genitalia.
No, business class gets spit. Coach passengers get no lube at all and the examiners will use rods with spikes on them.....
The passengers are checked to ridiculous measures, but if you work at an airport your protocols are entirely different
That's an understatement. I have a friend who used to work at the local airport. I've been on behind the scenes tours with him and the security folks (ranging from TSA, to law enforcement to rent-a-cops) never even batted an eyelash when he took me past the checkpoint. They didn't ask me to go through the metal/explosives detectors or to wear a guest badge of some sort. We just walked right past them and my friend says "He's with me." Granted, this is a small town airport with not a lot of activity (three flights per day) but the ease with which it was possible to get into the secured areas seemed to make a mockery of all the FUD we've been fed about airport security. It occurs to me that if somebody wanted to do bad things he could just buy off the right person(s) at the airport to gain access.
Sad but true. I have this image in my head of the future of air travel. Picture an explosive decompression. Oxygen masks drop from the overhead in first class. Coach travelers get a credit card reader. "Please swipe your credit card here for 5 minutes of oxygen...."
What invasion of privacy is going to happen after that event?
I'm not sure but I suspect that K-Y Jelly will be involved.
The fact that we soon may not be able to board an airplane without a government bureaucrat looking at our cocks is ample proof that the terrorists won. Fucking FUD -- all that we needed after 9/11 was a locked cockpit door.
What is exactly is being ruined by liberals?
Have you looked at the bottom line of New York State or California lately?
We are going to need that ambassador's help when we go to war with Cheyenne.....
'Cause we always wanted a third world country comprised of gun-toting Rednecks led by religious whackjobs right on our border.
"Now you know how we feel." -Random Canadian dude
and they are also probably largely responsible for most of the failed mortgages.
Next time look up the facts before spouting your bullshit. Florida is the only Southern state in the top 5 for foreclosures, isn't typically regarded as part of the South in any event. The worst of the meltdown happened out west -- California, Nevada and Arizona.
With the internet primary source material is -very- easy to find and would teach children how to think rather than how to be brainwashed by the Right/Left.
Yeah, there's no way to get brainwashed by the left or the right on the internet.... ;)
I don't see nothing in the Second Amendment that says I shouldn't be able to protect myself and my family with the firearm of my choice just because of a little armed robbery.
It's not in the 2nd amendment. It's in the 5th amendment: No person shall ... be deprived of life, liberty, or property, without due process of law
You forgot to include /. members with mod points in your list ;)