Question about forums and laws
So I admit I was harsh in a recent thread about someone trying to work out a way to a potential drug precursor of sorts. I've always wondered though,
just how liable can a poster be on a forum such as this for inadvertently helping someone commit a crime? Sure someone might not say openly what their
plans are for something but it raises some interesting questions in my mind at least.
Conspiracy (from the wiki)
| Quote: | | Under most U.S. laws, for a person to be convicted of conspiracy not only must he or she agree to commit a crime, but at least one of the conspirators
must commit an overt act (the actus reus) in furtherance of the crime. However, in United States v. Shabani the U.S. Supreme Court ruled that this
"overt act" element is not required under the federal drug conspiracy statute, 21 U.S.C. section 846. |
| Quote: | | The conspirators can be guilty even if they do not know the identity of the other members of the conspiracy. See United States v. Monroe, 73
F.3d 129 (7th Cir. 1995), aff'd., 124 F.3d 206 (7th Cir. 1997). |
Aiding and Abetting (from the wiki)
| Quote: | It is derived from the United States Code (U.S.C.), section two of title 18:
(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as
a principal.
(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is
punishable as a principal.
Where the term "principal" refers to any actor who is primarily responsible for a criminal offense. |
| Quote: | | It is necessary to show that the defendant has wilfully associated himself with the crime being committed, that he does, through his own act or
omission, as he would do if he wished for a criminal venture to succeed.[4] Under this statute, anyone who aids or abets a crime may be charged
directly with the crime, as if the charged had carried out the act himself.[5] This is distinct from the concept of being an accessory after the fact,
a charge distinct from being a principal. |
So is replying to and/or spoon-feeding plain as day 'drug cooks' potentially illegal? Or am I lost in legal jargon?
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