Hanging a Noose Can Get You Five Years

[BPSCG]

Those who attempt to intimidate others by hanging a noose on their property could be sent to prison for five years under a bill that has passed out of a Virginia Senate committee.

The Senate Courts Committee unanimously passed Sen. Mark Obenshain's bill Wednesday. It also includes hanging a noose on public property.

Prosecutors have asked that the law be brought in line with that of burning a cross, both symbols used to create fear within the black community.

In Rockingham County, prosecutors were only able to get a misdemeanor conviction out of a recent case of a man who hung a noose to intimidate a co-worker.

Link.

Most of the time when I hear that someone hung a noose somewhere, it turns out it was done by some idiot who claims he was trying to alert everyone to the prevalence of racism in America.

Feel-good legislation. Meanwhile, Virginia is facing a budget deficit of $3 billion.

 

[Upchurch]

Well, pointing a gun can get you in trouble with the law, too. It depends on whether or not you do it on a shooting range or in a back alley.

Context is everything.

 

[Damien Evans]

Would hanging a noose just because you could get you into trouble?

 

[BPSCG]

Hanging an empty noose in Virginia = 5 years.

Putting a dog in it = 2 years.

 

[Beanbag]

What exactly constitutes a noose? Do you have to tie the archetypical hangmans' noose, or will a simple slipknot suffice to land you in the slammer? I've got a short length of nylon cord I keep by the front door, used to hold the screen door open when I'm bringing in groceries. It can easily be used as a noose. Should I be concerned? It would make an excellent garrote as well.

Beanbag

 

[Khonshu]

Any exceptions for Halloween?

Excuse me - I mean the religious festival of Samhain? Or does freedom of religion have limitations?

 

[Upchurch]

The OP specifies "attempt to intimate others". It's not just an empty noose.

 

[KingMerv00]

Meanwhile, Virginia is facing a budget deficit of $3 billion.

Isn't that a bit of a non-sequitur?

 

[KingMerv00]

Would hanging a noose just because you could get you into trouble?

Hanging an empty noose in Virginia = 5 years.

Putting a dog in it = 2 years.

What exactly constitutes a noose? Do you have to tie the archetypical hangmans' noose, or will a simple slipknot suffice to land you in the slammer? I've got a short length of nylon cord I keep by the front door, used to hold the screen door open when I'm bringing in groceries. It can easily be used as a noose. Should I be concerned? It would make an excellent garrote as well.

Beanbag

Any exceptions for Halloween?

Excuse me - I mean the religious festival of Samhain? Or does freedom of religion have limitations?

As Upchurch said, "Context is everything". It isn't the noose itself, it is the threat that goes with it.

 

[The Painter]

It isn't the noose itself, it is the threat that goes with it.

And that's the problem. Who determines if it is a threat? One mans noose is another man's swing.

 

[Athyrio]

And that's the problem. Who determines if it is a threat? One mans noose is another man's swing.

Right, like the gesture of drawing the forefinger horizontally across the neck.

 

[332nd]

And that's the problem. Who determines if it is a threat? One mans noose is another man's swing.

No, that's the problem.

 

[KingMerv00]

And that's the problem. Who determines if it is a threat? One mans noose is another man's swing.

It is a combination of the legislature, alleged victim, the cops, the prosecutor, the judge, and the jury. The defense attorney helps offer an opposing opinion if one is needed.

 

[casebro]

Whose property in "their property"? The mythical victim's? Or the noose hanger's?

I'd guess hanging a noose on somebody else's porch is pretty open and shut intimidation. But should intimidation be a felony? Even actual assault can be a misdemeanor. How are other forms of intimidation dealt with? I'd assume that much intimidation is considered "self expression" isn't it?

 

[KingMerv00]

Whose property in "their property"? The mythical victim's? Or the noose hanger's?
...How are other forms of intimidation dealt with? I'd assume that much intimidation is considered "self expression" isn't it?

There are two cases that come to mind:
RAV vs. St. Paul and Virginia vs. Black

Where the noose is located is only one of many factors to consider.

 

[Slayhamlet]

And that's the problem. Who determines if it is a threat? One mans noose is another man's swing.

A jury, I'd assume.

 

[rwguinn]

Right, like the gesture of drawing the forefinger horizontally across the neck.

Means "Kill the engine"
Or "Hush-Big Brother is Listening"
and a whole ****-pot full of other stuff that are typically benign...

 

[Skeptic]

The point is not that the law's intent is bad, but that the law is superflous -- it is already illegal to threathen people, so adding that it is specifically illegal to threathen them in this way is merely "feel good" legistlation.

It isn't as if threathening people with a noose was legal before. It's just that there wasn't an explicit law mentioning this particular method of intimidation.

 

[KingMerv00]

It isn't as if threathening people with a noose was legal before. It's just that there wasn't an explicit law mentioning this particular method of intimidation.

You are probably right but I don't think it is just about feeling good. By creating a law, they are controlling sentencing guidelines.

 

[Texas]

You are probably right but I don't think it is just about feeling good. By creating a law, they are controlling sentencing guidelines.

What threat is being conveyed? I assume lynching but lynching was a fairly equal opportunity sport from the 1800's to 1968.

http://www.law.umkc.edu/faculty/projects/ftrials/shipp/lynchingsstate.html