Breaking and Entering/Theft???

[ShysterJon]

Originally Posted by Shackleton

I would not want to be in Logan's shoes ....

Ah, come on -- admit it! Don't we all want to be in Logan's shoes, even if it meant a premature death from a buckshot blast from a jealous husband, the opening up of a second smile on our neck from a pimp's switchblade, or our pecker falling off from crotch rot after engaging in a little suction hose action with one too many SW?

[heidilynnla]

Originally Posted by Chica Chaser

Heidi, you must not be familiar with Logan and his legendary exploits! LOL!!

speechless

[Shackleton]

Originally Posted by ShysterJon

Ah, come on -- admit it! Don't we all want to be in Logan's shoes, even if it meant a premature death from a buckshot blast from a jealous husband, the opening up of a second smile on our neck from a pimp's switchblade, or our pecker falling off from crotch rot after engaging in a little suction hose action with one too many SW?

Haha, no I'm sure I will pass and just live vicariously through his stories. If you'll forgive the very mixed metaphor, my balls are not big enough to fill Logan's shoes! As the great Clint Eastwood once said, "A man's gotta know his limitations."

[JONBALLS]

I always park my truck on the street though, didnt learn this on my own, but went to a similar arrangement, and I think the girl told me to park a few doors down, or just did it as a fluke.But as I was doing her in the hallway, she jumps up when a car pulls in says, you gotta go, thats my husband, out the back i went jumping fences like an olympic hurdler while getting dressed. Got to my truck and realized I had placed my keys on the living room coffee table, always put them in your pocket.luckily, my cell phone was in my pocket and had to call my bro to bring me a spare set. She called me later and set them on the side of the garage , told me to pick them up after dark.All in all , it coulda been worse.Also had met one that was living off some guy in a real upscale area. It was his mothers house which he got after she died. she lived off that guy and was there for quite awhile.Guys self destruct themselves with these arrangements more than I think were aware of.

[incognito isis]

wow thats some story! I don't think you'll be in any trouble because she had a key. It's not like you "broke" into the house. However, as some have said, she stole items that clearly didn't belong to her, she may be in trouble.

[ShysterJon]

Originally Posted by incognito isis

I don't think you'll be in any trouble because she had a key. It's not like you "broke" into the house.

Again, as the Texas burglary statute (quoted above) states, no forcible entry is required to prove the offense. What's required is (1) entry (forcible or otherwise), (2) without the consent of the owner, and (3) with the intent to commit a felony.

Also, the mere fact that Logan's companion had a key to the house does not, ipso facto, mean he can't be liable for burglary. The girl may have stolen the key from the homeowner, or she may have had the key made without the homeowner's consent.

Please do not render legal advice unless you are a lawyer, or at least read the law before rendering legal advice.

[acp5762]

Originally Posted by ShysterJon

Logan's story reminded me of the flashback scene in "The Godfather Part II" where Clemenza takes young Vito Corleone into the rich man's house to steal a rug for Vito's wife to thank him for hiding Clemenza's guns.

Logan asks if he may be held criminally liable for burglary of a habitation. I say no, whether or not Logan's playmate was permitted to be in the house, and whether or not she was given permission to remove items from the house.

I think some of the comments in this thread that concentrate on what Logan's playmate was thinking or doing miss the point of his question, which relates to HIS conduct and mental state, not the girl's.

The Texas burglary statute provides, in relevant part, as follows:



See Texas Penal Code § 30.02.

Logan did not commit the offense of burglary because he did not enter the house with the intent to commit a felony, nor did he commit a felony while he was in the house. Also, he had a reasonable belief that the provider had permission to enter the house because she had a key (which also should prevent Logan from being charged with trespassing). Finally, even if Logan believed the girl did not have permission to remove items from the home, he was under no legal duty to prevent the provider from removing the items. However, if he assisted the girl in removing the items, he could be charged with theft under the Texas law of parties, which sets forth the situations where one person may be held criminally responsible for the conduct of another. However, the mere presence of a person at the scene of a crime does not make them liable under the law of parties.

Note: Louisiana law is irrelevant to answer Logan's question. In Texas, to be convicted of burglary does NOT require proof of forcible entry. Also, in Texas, there is no such thing as a defendant being an "accessory to the fact" (or, correctly, "accessory after the fact") or "aiding and abetting." Applying laws from one state to fact situations in another state is confusing and misleading and leads to inaccurate advice, in my view.

Yes The Burglary statutes between Texas and Louisiana are different but only by a little. Our statute doesn't mention assault in the criminal code but one thing I did overlook, that is the same in both states is that Force isn't a requirement in Louisina to constitute the Crime of Burglary.

[guest042312]

[quote=ShysterJon;1380649],

See Texas Penal Code § 30.02.
..cut
he did not enter the house with the intent to commit a felony, nor did he commit a felony while he was in the house. ...cut [\quote]
Hmmm Money for Sex is not a felony in TX? Or only a lesser charge?

[Capt. Lincoln F. Stern]

I see it as this: I agree with ShysterJon and the only question is did SHE have that key under legitimate circumstances. AKA was she given the key by a residence of the key or did she obtain it through theft and make a copy.

For all we know she was the teen age daughter's drug hook up and that is how she got the key.

[ShysterJon]

[quote=Steve67;1397305]

Originally Posted by ShysterJon

Hmmm Money for Sex is not a felony in TX?

Plain-vanilla prostitution is a misdemeanor in Texas, not a felony. Of course, as a person accumulates convictions, an offense that is normally a misdemeanor may eventually be enhanced to a felony. Since we're talking about Logan, it's possible that his case could be aggravated to a capital offense. Haha.

[rogerdodger]

seemed to me like the sex was an afterthought to the 'provider' as she needed money, clothing and bathroom accessories - she was only showing her apprreciation for his thoughtful consideration ... yes, that the ticket.

and ... usually, when i come into my home and someone unauthorized is there - i use the castle law of 'it's my castle, and i'll shoot you'. unless of course, you both lay flat on the floor spreadeagle while i call LE.

i think the castle law is even looser in TX than LA ....

[AimeeAims]

You thought she had a pimp...and you thought she had drugs in her purse. And you thought her HOUSE would be safer?? Hmm, wouldn't there be more danger where she lives???

LOL. If I were on the jury I would find you guilty of being really naive.

[mar6]

Logan, what you need to do now is hope that the guy who owns the house (who has likely been wondering what the heck actually went on there that day when he wasn't home) is not on ECCIE and stumbles across your post lol.

[Guest033015]

Originally Posted by mar6

Logan, what you need to do now is hope that the guy who owns the house (who has likely been wondering what the heck actually went on there that day when he wasn't home) is not on ECCIE and stumbles across your post lol.

man...come over and fuck my daughter, and don't even autograph my copy of "Scarface"...What a pal!

[Logan]

Thankz for the legal advice.

Originally Posted by heidilynnla

Didn't you think it was pretty stupid to go anywhere with this girl? Red flags all over the place!!! Geez! That little head will " get you" every time.

Yep, my little head was in control. I’m very fortunate that no one was home and no one (at least yet!) has contacted me about being at that house and in the daughter’s bedroom. I guess that I did wipe up all of the DNA evidence (cum and pubic hairs! He he).

Bottom line is that I could have been in real trouble if “someone” was in that house and/or came home early from work or school.

Also, I’m pretty sure this crazy dancer was not the daughter of the homeowner. She got lost several times while trying to lead me to the house and we had to circle the block a few times until she found the correct street. I still suspect it was one of her naive trick’s houses that she was staying and her trick’s house that she was stealing from.

Admittedly, it was a great adrenaline rush and a thrill to sneak into some strange house for a quick sexual liaison on some stranger’s daughter’s bed. Albeit, a moment of “little head” stupidity.