Presentation suitable for high school social studies or psychology class. Students look at pranks and stunts, pulled from real news stories. Students get practice reviewing the facts of a case and actual Texas law and rendering a legal opinion on what, if any, charges could be filed. Suitable for in-class, homework assignment, after-school, church, library instruction. Visit the website for Texas TEKS alignment for §113.45. Psychology, §113.44. United States Government , §113.41. United States History Studies.

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13. True Story: A band
advertises their new single
"Traffic Jam" by blocking
highway traffic with a very
large truck, then performing
atop it, a la Michael Jackson.
The band members
repeatedly refused to move
when requested by police.
One member takes the keys
The crime occurred in California; to the truck and drives away
the band members were charged in another car; a tow truck
with a felony count of
conspiracy, two misdemeanor
had to tow the truck out of
counts of resisting police, creating a traffic.
nuisance and false imprisonment.
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17. If nobody else has
ever told you this
The Iowa man was charged with filing a false before, listen
report with law enforcement officials, for calling now: if you make
police without an emergency and two counts of a stupid mistake:
fifth degree theft for ordering the cab and the Apologize.
pizza without any intention of paying; all charges Respectfully.
are misdemeanors.
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You might be thinking to yourself, "Why are the police involved at all, and why criminal
charges for ordering pizza and not paying when one could just pay for the pizza?"
I might actually agree with you.
My educated guess is that in at least some of these cases, the perpetrators themselves
escalated the situation by being hugely unapologetic and possibly uttering phrases
like, "It was just a joke – whatcha gonna do, arrest me?"
The first thing to wrap your head around is that the law has absolutely no sense of
humor.

19. True Story: While filming a
"Jackass" style video involving (it
In Texas, arson is a second degree
felony; (Tex. Penal Code § 28.02)
seemed reasonable at the time)
the actors could also be charged
setting a playground slide on fire,
with criminal mischief (Tex. Penal
the fire burns out of control,
Code § 28.03(b).
causing $50,000 in damages.
$50,000 in damages would
constitute a third degree felony.
Criminal trespass is generally a Class
B misdemeanor. (Tex. Penal Code §
In this New York case involving 30.05) It could be a Class A
private school youths 16 and misdemeanor, however, if: “the
younger, all were charged with person carries a deadly weapon
felony arson, criminal mischief, during the commission of the
offense.” How would you classify
reckless endangerment and
this? Would the gas and the match
trespassing. constitute a deadly weapon?
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22. In Texas, some professional groups
have rule-making authority and
some lobby the state legislature for
rules that govern their profession.
This is as good a place as any to discuss the These rules change constantly;
oftentimes professional
collateral consequences of a felony conviction. In associations will take a strict stance
Texas, a felony conviction will result in jail time against licensing applicants with
criminal convictions , then
and possible fines, but said conviction will also become more lenient and then
make you ineligible to be a doctor, lawyer, or strict again.
teacher.
Maybe it’s not so very unexpected that you wouldn’t be able to become a licensed
attorney with a felony conviction, but you may be surprised to learn that under Texas
law this very day, with a felony conviction you would be ineligible to be a licensed
athletic trainer, (Tex. Occupation Code § 451.251) a dental hygienist (Tex. Occupation
Code § 263.001) a landscape architect, Texas Administrative Rule: 22 TAC 3.149(e) a
marriage and family therapist (Tex. Occupation Code § 502.252) a physical therapist,
(Tex. Occupation Code § 453.351) a realtor (Tex. Occupation Code § 1101.352). There
are many, many more.
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23. Sec. 12.34. THIRD DEGREE FELONY
PUNISHMENT. (a) An individual adjudged
guilty of a felony of the third degree shall be
punished by imprisonment in the Texas
Think back to the kid who put the Department of Criminal Justice for any term
wick in the perfume bottle at school. of not more than 10 years or less than 2
years.
(b) In addition to imprisonment, an
In Texas, he could be convicted of
individual adjudged guilty of a felony of the
Illegal Weapons Possession on school third degree may be punished by a fine not
premises, a 3rd degree felony to exceed $10,000.
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Okay, so 2-10 years, a Just a few years ago the State Bar of Texas stated
that the median price per hour of a Criminal
fine not to exceed Defense lawyer in Texas was just under $200.
$10,000, and kiss The kid with the perfume bottle was actually
goodbye dreams of charged, remember, in real life in Minnesota.
Whether he did jail time I can’t say for certain, but
becoming basically any it is almost certainly true that his parents paid
thousands of dollars in legal fees to deal with the
licensed professional. situation, and probably nobody in the family got
an iPhone that year.

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28. Mostly misdemeanors. In Texas they
Prank or Felony? could be charged with Criminal
Trespass, which is a Class B
misdemeanor. Penal Code § 30.05.
In Texas there is a special prohibition
against trespassing on school grounds, a
Class C misdemeanor. Education Code §
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It would also be possible to be
charged with cruelty to livestock
animals, depending upon the Real-Life Outcome: These New Jersey
specific facts of the case. Penal high school kids were charged with
Code § 42.09. The story does not trespassing and disorderly conduct.
mention any damages, but if there There were also some questions about
whether the chickens were purchased
were damages Criminal Mischief
or stolen; if stolen, obviously, theft
charges would apply. charges will come into play.

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