Tag: pranks

  • Police Arrest Would-Be Prankster for Conspiracy

    Jumping Jacks by Flabber DeGasky
    Jumping Jacks by Flabber DeGasky

    I recently read a news story out of Buffalo, NY about a 17 year-old being charged for conspiracy, criminal nuisance, and disorderly conduct for posting an event on Facebook that invited people to assemble at the Millennium Hotel in Cheektowaga, NY. The reporter called the planned event a “flash mob,” but given that the article said that organizer’s “intent was to cause damage and create chaos,” I doubt that this was a plan constituted a real flash mob. It sounds like an invitation to commit a crime such as disorderly conduct or rioting. I could not find the event on Facebook, so I can’t say for certain what the planned activity was.

    Either way the lesson is the same: If you plan an event which involves a crime, you’re asking to be charged with conspiracy and solicitation. Even if you only meant to do something fun, you could still be charged. Even if you cancel the event and nothing bad happens, you could still be charged. Let’s look at what it takes to get charged with each crime.

    Conspiracy
    In Arizona, you need three things to be commit conspiracy:

    1. Two or more people,
    2. A plan between them that involves committing a crime, and
    3. One overt action in furtherance of that crime, even if that act is not a crime.

    So if you and your friend planned to kill someone and one of you bought a shovel to bury the body, you could be charged with conspiracy. Likewise, if your plan was more innocent, like planning a pillow fight where the rules say you can hit anyone in the vicinity with your pillow whether they have a pillow or not and you buy a new pillow for the event, that could also be conspiracy.

    Solicitation
    It’s also very easy to commit solicitation in Arizona. All you have to do is ask or encourage someone to commit a crime. Even if the person declines the invitation, it’s still solicitation. Asking someone to kill your spouse, regardless of their answer, is solicitation. Likewise, inviting people to participate in a prank that involves touching people in any way without their consent might be solicitation to commit assault. Putting up a Facebook event and making it public could be enough for a solicitation charge.

    These types of crimes are easy to commit, especially if you don’t realize that what you’re planning to do is illegal. Your ignorance of the law will generally not protect you from the consequences of your actions. It’s because of this that it’s imperative that you contact a flash mob attorney (like me) when you are beginning to plan your event. Even if the illegality of your event is brought to your attention and you cancel it before anything bad happens, you could still face serious criminal charges.

    If you want to know more about committing conspiracy and solicitation by planning a flash mob, I made a video about it. You can also view it here.

    Feel free to connect with me via TwitterGoogle+Facebook, and LinkedIn, or you can email me.
    Please visit my homepage for more information about Carter Law Firm.

  • Flash Mobs Are Not Crimes

    Improv AZ Apple Mob by Devon Christopher Adams
    Improv AZ Apple Mob by Devon Christopher Adams

    This post was originally published on The Undeniable Ruth in August 2011. 

    It appears the term “flash mob” is being used inappropriately and its meaning is being overly broadened to include any group activity that is coordinated using social media. This year, there have been several robberies and assaults perpetrated by a group of people that appear (at least on the surface) to have been orchestrated via social media sites. The media has called them “flash mob crimes.” They make it sound like someone created a Facebook event that said, “Meet at Broadway and Main at 10pm. At exactly 10:03, we’re all going to run into the minimart, grab whatever we want, and run out.” That’s not a flash mob. That’s solicitation and possibly conspiracy. If the event actually occurs, it’s larceny and perhaps inciting a riot.

    flash mob is defined as “a group of people who assemble suddenly in a public place, perform an unusual and sometimes seemingly pointless act for a brief time, then disperse, often for the purposes of entertainment and/or satire.” Flash mobs have been occurring at least since the 1970’s. In recent years, they have been orchestrated via email and social media websites; however, that does not mean that every public group activity that is coordinated via social media is a flash mob.

    Where's Waldo Flash Mob by Jeff Moriarty
    Where's Waldo Flash Mob by Jeff Moriarty

    Flash mobs are generally light-hearted innocuous fun.  People who participate in flash mobs ride public transportation without their pants; they welcome back strangers at the airport; they have fake battles between heroes and villains; and they stand frozen in place for short periods of time. Some protests and promotional events are referred to as “flash mobs,” but technically they’re not. And any event that has a criminal intent is definitely not a flash mob.

    I give the media some leeway when it comes to coining terms; however, I was deeply disturbed when I saw a legal website refer to flash mobs as including criminal behavior. It suggests the writer did not do their research on this topic.

    I love flash mobs. I have been participating in them and organizing them since 2009. When Improv AZ organizes a flash mob, we do thorough research on the potential legal implications of our event. I have attended an event with pages of statutes in my back pocket to ensure that we’re acting within the confines of the law. We are diligent to inform our participants in advance of their do’s and don’ts. We may push the envelope, but we never intend to cross the line. Most of our encounters with police involve them smiling or laughing at us. At the 2010 No Pants Ride after party, a Tempe police car stopped near us and an officer yelled out, “We had a briefing about you!” And then he went about his merry way, knowing we were harmless. A bit odd and rather goofy, but harmless.

    Flash mobs are harmless, playful, and unexpected events. They are not criminal acts by design. Flash mobs and crimes are two completely different phenomena.  They do not exist on the same continuum.

    In other news, the flash mob community needs to send a big “thank you” to Mayor Jackson and the city of Cleveland. Mayor Jackson recently vetoed a proposed law that would have made it illegal to use social media to coordinate a flash mob.  Thank you for protecting our First Amendment rights!