[pct-l] Charging in town

Luce Cruz lucecruz13 at gmail.com
Fri Feb 12 14:43:57 CST 2016


John,

Thank you for the time and effort you clearly took with your detailed and
thoughtful reply.

On Thu, Feb 11, 2016 at 6:05 AM, John Papini <johnthomaspapini at gmail.com>
wrote:
>
> Perhaps you think it is disrespectful for an individual to plug his or her
> phone into an outlet in a public location ...
>

If a public location gives out free electricity, and that is what I needed,
I personally would try to find a way to get permission. If McDonalds has a
sign that says "Customers can use the power outlets and our free wifi",
than I would be a customer by buying something which would then explicitly
give me permission to use these utilities.

... your characterization of such actions as “theft” is simply incorrect.
>

No, it's not. It depends on where you are drawing your definitions from.


> I am licensed to practice law in Texas,
>

And that is where you are drawing your definition of theft.


> ... the erroneous accusation of criminal activity contained therein ...
>

 You researched based on your interpretation of the gist of my message, and
I will not say it was an incorrect intuition, based on your life
experience. If I were in a position to know you previous, I would have
expected that.

Criminal law is, to put it in extremely simplistic terms, an attempt to
prevent and to punish people for the wrongs and harm they commit against
others *and* society in general caused by their legislated criminal acts.

Criminal law is for criminals.

Ethics is what people do that may not be covered by a formal rule or
legislation.

Merriam-Webster has a simple definition of theft which is "the act **or**
crime of stealing". (emphasis added)
http://www.merriam-webster.com/dictionary/theft

One does not have to qualify under enacted laws or rules as a criminal to
be a thief.

Your characterization of this as “theft,” then, seems to do little to
> further the important discussion about thru-hiker culture and normative
> behavior, and in my opinion confuses that discussion.
>

I don't want the culture I live in to believe that even one person doing a
little bit of harm to others is normative behavior, instantly excused by
the majority as "No big deal". Once that Pandora's Box is opened, there's
no shutting it.

Outside of what might be defined as a crime, I get to decide what a person
can have from me based on my permission, and I do not allow others to
assume it would be OK to take anything from me, permanently or temporarily.
If someone asks and is clearly in need I am willing and happy to help to
help. The difference is crystal clear.

Whew! Sorry for overwhelming you with boring legal details, but the
> important point here is that ...
>

It's not boring to me, I relish the opportunity to learn from experts in
their field, and thank you for every word and link. I appreciate that you
took the time so explain your points so well. I just think that you are
applying your life's work specialty to something that I was making a much
broader point on, and if I was unclear, I do sincerely apologize to
everyone.

... charging your phone in a public place isn’t the same as risking
> wildfires or drunk & disorderly conduct.
>

As I hope I have made more clear, someone can steal things without being a
criminal, and still by definition be a thief. If a person only lived by the
rules of criminal law, of misdemeanors and felonies, they could still harm
plenty of folks in some way great or small without risking being convicted
of a crime.

What I do to others when no one is watching matters to me. It is a large
part of who I am. It is a large part of what makes up those I want around
me.

Thanks again, John. Really. Thank you.
-- 
Luce Cruz


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