Could I face criminal liability under CA criminal code for chopping off my finger and charging people to watch on the internet
Hello,
I want to chop my finger off on the internet, my pinky to be specific, and charge people $9.95 to watch. The reason is because I’m an apotemnophiliac. After unsuccessfully trying to convince a doctor to perform the surgery, I am willing to do the job myself. I suppose I might as well make some money in the process, right?
Anyway, I’m just wondering if there is anything criminal about airing myself chopping off my pinky off on the internet. Also, I have a friend who’s willing to assist, but he is concerned that he could get in trouble. Should he be worried? Is there anything else I should be doing or watching out for?
The bottom line is that I want to treat this as a serious business venture and cover all my bases, so do you think it’s wise that I incorporate? I might wish to expand this to other fingers, depending on revenues from my pinky. However, I want to fully understand the tax implications first.
Kind regards.
Attorney answers (3)
Tomas Michael Flores
Reputation Level 8
Answered about 3 years ago.
Criminal Defense Attorney in San Jose, CA.
Dear Sir,
Please abandon this course of conduct immediately. The District Attorney's Office may charge you and your accomplice with a multitude of crimes, including but not limited to the following, and attempts of the following:
"California Penal Code Section 401. Every person who deliberately aids, or advises, or encourages another to commit suicide, is guilty of a felony."
"California Penal Code Section 203. Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem.
"California Penal Code Section 204. Mayhem is punishable by imprisonment in the state prison for two, four, or eight years."
"California Penal Code Section 205. A person is guilty of aggravated mayhem when he or she unlawfully, under circumstances manifesting extreme indifference to the physical or psychological well-being of another person,
intentionally causes permanent disability or disfigurement of another human being or deprives a human being of a limb, organ, or member of his or her body. For purposes of this section, it is not necessary to prove an intent to kill. Aggravated mayhem is a felony punishable by imprisonment in the state prison for life with the possibility of
parole."
"California Penal Code Section 1192.7. (a) (1) It is the intent of the Legislature that district attorneys prosecute violent sex crimes under statutes that provide sentencing under a "one strike," "three strikes" or habitual sex
offender statute instead of engaging in plea bargaining over those offenses...(c) As used in this section, "serious felony" means any of the following: (1) Murder or voluntary manslaughter; (2) mayhem;"
In short, this stunt may land you and your friend in State prison for the rest of your lives, and if you make it out of prison alive - you will both re-enter society as convicted felons with prior strikes.
Last, consider section 11160.
"California Penal Code Section 11160. (a) Any health practitioner employed in a health facility, clinic, physician's office, local or state public health department or a clinic or other type of facility operated by a local or state
public health department who, in his or her professional capacity or within the scope of his or her employment, provides medical services for a physical condition to a patient whom he or she knows or reasonably suspects is a person described as follows, shall immediately make a report in accordance with subdivision (b)...(2) Any person suffering from any wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct. (b) Any health practitioner employed in a health facility, clinic, physician's office, local or state public health department, or a clinic or other type of facility operated by a local or state public
health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows: (1) A report by telephone shall be made immediately or as soon as practically possible... (d) For the purposes of this section, "assaultive or abusive conduct" shall include any of the following offenses:...(3) Mayhem, in violation of Section 203."
This is all the research I have time for right now - and believe me, this is just the tip of the iceberg of the parade of charges that you both may be facing (I didn't even get into surgery without a license, other suicide issues, recklessness, self endangerment issues, and Federal charges because of the Internet broadcast), but nevertheless, the answer to your question is crystal clear: do NOT, under any circumstances, consider this course of conduct. Please consider psychiatric help for your condition. Do not ruin your life, or your friend's life, over this horrible idea.
-Tomas M. Flores, Esq.
7 people marked this answer as good
Brian Richard Dinday
Reputation Level 16
Answered almost 3 years ago.
Criminal Defense Attorney in San Rafael, CA.
I would add to the above observations that your scheme would never work anyway. You Tube or even your Internet Service Provider would pull that video as soon as they discovered it. So you could have a lot of people who paid to see it suing you.
1 person marked this answer as good
David Carl Beyersdorf
Reputation Level 13
Answered over 3 years ago.
Criminal Defense Attorney in Fresno, CA.
Sometimes one has to wonder whether or not someone with a post like this is serious. I had to look up apotemnophiliac as this was heretofore an unknown psychological disorder to me. In all seriousness, you would have better results consulting a psychiatrist than a lawyer. Really. Get this under contrlo before you do something you can't fix.
David C. Beyersdorf
5 people marked this answer as good
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