Ohio man gets 30 days in jail for filming teen crash victims without helping them

Raw Story wrote:The charge against Pelton, a Lorain resident, stemmed from entering what police said was a crime scene without permission, not for taking the video or trying to sell it to news organizations after posting it to Facebook, authorities said.

Raggamuffin wrote:So if I see a car crash I shouldn't go near it in case I get arrested for entering a crime scene without permission?

What a load of rubbish.

Ohio Revised Code wrote:No person shall be liable in civil damages for administering emergency care or treatment at the scene of an emergency outside of a hospital, doctor's office, or other place having proper medical equipment, for acts performed at the scene of such emergency, unless such acts constitute willful or wanton misconduct.

Lord Foul wrote:Basically it stands instead of him being done for  "being a callous twat" since "being a callous twat" isnt against the law

Didge wrote:Which goes back to my point Quill, clearly they looked to charge him with anything being as they were disgusted at his antics, and I do not blame him, 30 days to me is not long enough. Filming one as they are slowing dying and doing nothing to help, its disgusting in my book.

Raggamuffin wrote:So why was the car a crime scene? Was the driver breaking the law at the time of the crash?

Original Quill wrote:

Raggamuffin wrote:So why was the car a crime scene? Was the driver breaking the law at the time of the crash?

Gd. question.  Obviously they had to declare the site off-limits, to make the trespass charge stick.  Maybe under Ohio law, a scene of an emergency is a "crime scene" regardless of criminal wrongdoing.  Perhaps its a journalistic term meaning a 'police' scene.

eddie wrote:Regardless of any law or any whatever-whoevers, you'd have to be a seriously sick and emotionally retarded person to NOT help someone in a car wreck if you've actually got close enough to help....

eddie wrote:Regardless of any law or any whatever-whoevers, you'd have to be a seriously sick and emotionally retarded person to NOT help someone in a car wreck if you've actually got close enough to help....

Raggamuffin wrote:

Original Quill wrote:

Gd. question.  Obviously they had to declare the site off-limits, to make the trespass charge stick.  Maybe under Ohio law, a scene of an emergency is a "crime scene" regardless of criminal wrongdoing.  Perhaps its a journalistic term meaning a 'police' scene.

But presumably it hadn't been declared off limits at the time he took the video. Don't get me wrong - what was did was awful, but I think the charge was a bit dodgy.

Original Quill wrote:

Raggamuffin wrote:

But presumably it hadn't been declared off limits at the time he took the video. Don't get me wrong - what was did was awful, but I think the charge was a bit dodgy.

Well, what a lot of legal jurisdictions do is create a 'constructive off-limits' zone...meaning, it's ipso facto a 'police scene' when the accident happens.  Then they don't need to take any special steps to declare it off-limits.  

It is dodgy.  One-of-a-kind...that's probably why they had to do some creative legalizing to come up with a criminal charge.  How many times...well, we've all heard of the paparazzi.

Lord Foul wrote:however I dont think any of the states have a law that says you HAVE to help...

just like here....

in france however it is an actual offence NOT to give, or at least summon aid

Ohio Revised Statutes wrote:ORS 2921.23 Failure to aid a law enforcement officer.
(A) No person shall negligently fail or refuse to aid a law enforcement officer, when called upon for assistance in preventing or halting the commission of an offense, or in apprehending or detaining an offender, when such aid can be given without a substantial risk of physical harm to the person giving it.

(B) Whoever violates this section is guilty of failure to aid a law enforcement officer, a minor misdemeanor.

Effective Date: 01-01-1974

Original Quill wrote:

Ohio Revised Statutes wrote:ORS 2921.23 Failure to aid a law enforcement officer.
(A) No person shall negligently fail or refuse to aid a law enforcement officer, when called upon for assistance in preventing or halting the commission of an offense, or in apprehending or detaining an offender, when such aid can be given without a substantial risk of physical harm to the person giving it.

(B) Whoever violates this section is guilty of failure to aid a law enforcement officer, a minor misdemeanor.

Effective Date: 01-01-1974

Original Quill wrote:No, I understand.  But didn't he plead out?

The "minor misdemeanor" is under the 'failure to aid' law.  I just posted it because you asked about it.  That's not the law in play with this case.

Raggamuffin wrote:So if I see a car crash I shouldn't go near it in case I get arrested for entering a crime scene without permission?

What a load of rubbish.