RogDog118

Sorry this is the lawyer in me... but if both the assault and criminal mischief were misdemeanors, there would be no burglary because there is not intent to commit a felony... because there is no other felony. Just a thought. Let's wait and see what the prosecutors charges them with before charging them ourselves.

As a lawyer who worked in the criminal justice system for over twenty years, I offer the following information.

76-6-202 of the Utah Code defines burglary. The elements of burglary may be present if the reported information is accurate.

One commits burglary by entering or remaining unlawfully in a building with the intent to commit, among other things, an assault on any person. If the building is a dwelling, the offense is a second degree felony, punishable by a fine of up to $10,000 and/or a term of imprisonment from 1 to 15 years. Burglary is chargeable separately from related offenses, such as criminal mischief or assault.

I don't know what the prosecutor will do after this case is screened, but it is possible the players will be charged with something more than damaging a couple of doors and be asked to make restitution before charges are dismissed.

Based on the available information, this is not a case of an immediate emotional response to the water balloons being thrown at a friend. According to the report in the SL Trib, the players returned with the friend, having formed the intent to deal with those throwing them.

As a law student, I learned not to rely on the media's accuracy in reporting what is happening in the criminal justice system. However, if the report is accurate, the prosecutor has a basis for charging the players with burglary, a second degree felony.

As stated in a different way above, this is good for a possible 1-15 year scholarship at "Draper Tech" learning how to make license plates. It's no laughing matter, and more than enough to bring about their dismissal from BYU. Just ask Marcus Whalen.

KSL reported today that the two players are currently (as of noon) in jail and that the girlfriend was released on bond.

Byron Rex you, Airwolf!

Airwolf84

mraven

If someone had chucked a water balloon at my girlfriend when I was in college, I probably would have tried to beat the crap out of them, too. I don't think this is a real big deal and I hope they are back with the team soon.

You don't break into someone's place over a water balloon, even if it hit a girl. Last time I checked, water balloons were harmless, unless they've suddenly become lethal somehow?

A friend of mine had to get 1st Presidency permission to serve a mission after throwing waterballoons at someone from a car. The lady they hit happened to be girlfriend of a police officer who promptly caught them. He was charged with assault with a weapon. So water balloons, as crazy as it seems, are still a weapon.

timmyboy

These facts, unfortunately, do likely constitute burglary, assault, and criminal mischief.

Burglary:
UCA 76-6-202

(1) An actor is guilty of burglary if he enters or remains unlawfully in a building or any portion of a building with intent to commit:
(a) a felony;
(c) an assault on any person;

Assault is a misdemeanor in all cases and criminal mischief is likely a misdemeanor in this case (unless that was a very, very expensive door). Burglary, however, is a felony here. Still, I would be surprised, even if these facts are true, to see the burglary charge. Prosecutors rarely will go after that in provocation situations like this.

Ok, I understand the need to have a special definition of "Burglary" for Actors, but what about football players? Aren't they special, too?

Airwolf84

mraven

If someone had chucked a water balloon at my girlfriend when I was in college, I probably would have tried to beat the crap out of them, too. I don't think this is a real big deal and I hope they are back with the team soon.

You don't break into someone's place over a water balloon, even if it hit a girl. Last time I checked, water balloons were harmless, unless they've suddenly become lethal somehow?

Water ballons can be dangerous when slingshot launched:
http://www.kidsource.com/kidsource/content2/news2/water.balloons.html

I don't know the force of balloons thrown from a third story. My guess would be a leg hit may cause a bruise. Of course, you'd also have to be a complete loser to think tossing water ballons at girls from the third floor is "fun".

I would think the primary danger of throwing them at a football player's girlfriend would be ticking-off said football player, which seems to have happened.

Airhead wrote...

You don't break into someone's place over a water balloon, even if it hit a girl. Last time I checked, water balloons were harmless, unless they've suddenly become lethal somehow?

There were a couple of knuckleheads in my mission that were dating the same girl. One followed the other all night only to pass on a long stretch of road, turn around and loft a water balloon at the other car. The cars were doing about 55-60 in opposite directions when the water balloon took out the windshield of the offended car. Needless to say, can you spell "not harmless"?