Comment by mothballed
7 hours ago
The gun free school zone act has been upheld even though you could be within 1000 ft of one with no real indication there is one there. Supposedly you can only be convicted for doing it knowingly, but IIRC knowingly has been interpreted to mean as little as you live near the area so reasonably should have known.
Also note, i.e. stuff like statutory rape has been upheld even in cases where the perpetrator in all good faith thought the victim was 18+, the victim initiated selling the services, and the victim provided fake ID showing they were 18+.
So there is not necessarily any need for mens rea in the US legal system.
But your examples are markedly different to me. Yes, those examples do put the onus on the individual to ensure there are no schools around or that an individual is of legal age, but those are at least discoverable things - school locations are public info, and I think for any adult it's not that difficult to steer clear of anyone who looks mildly close to underage.
But in this instance, the movements of ICE are specifically hidden by the government - heck, they've even threatened to prosecute people who publish this information!! It is the literal definition of a Catch-22.
School buildings don't randomly and secretly move around all the time.
So while there isn't a line drawn on the ground, it's completely different.
>> Also note, i.e. stuff like statutory rape has been upheld even in cases where the perpetrator in all good faith thought the victim was 18+, the victim initiated selling the services, and the victim provided fake ID showing they were 18+.
You had me up to the "selling the services" part.
If you are 'engaging' with someone in a criminal enterprise it's probably reasonable to assume they might misrepresent certain facts to make the sale.