Crimes against morality are a category of crime that is considered victimless because there is no specific victim, especially when committed against consenting adults. This type of crime includes prostitution, bigamy, illegal gambling and illegal drug use. First, it is important to consider the definition and meaning of the term 'victimless crime.' These are usually defined as activities that are illegal, such as prostitution, but where there is no. Most crimes have specific and identifiable victims but that some, such as the crimes against public decency and morality are considered victimless crimes. Some of these crimes include prostitution, drug use, gambling, and crimes involving pornography and obscenity fall into this category.

• Why Is Illegal Gambling Considered A Victimless Crime Scene
• Why Is Illegal Gambling Considered A Victimless Crime Punishment
• Why Is Illegal Gambling Considered A Victimless Crime In America
• Why Is Illegal Gambling Considered A Victimless Crimes

The phrase “victimless crime” is not a legal term. It is a more casual phrase that is meant to describe crime that does not directly cause harm to anyone nor infringe upon their rights, but that is technically illegal. This article intends to explain some of the laws that some may consider to be “victimless.” It is a very subjective matter and can affect people in many different ways. Always make sure to speak with a Sacramento criminal attorney who can provide more accurate details regarding your specific case.

Cannabis Use

Though the possession and use of cannabis is no longer considered a crime in California after the passing of Prop 64 in November 2016, there are still laws relating to its use. Many believe laws that prohibit personal use of recreational drugs limit personal freedom. Some may argue that the direct use of drugs does not affect non-drug users. Many others, however, argue that there are indirect effects such as the behavior of an individual suffering from addiction and the violence that is associated with the illegal drug trade. It may be also argued that the illegality of the drugs is what creates this violence. Regardless, if you are involved in a victimless crime involving cannabis, make sure to speak to a Sacramento criminal attorney for advice.

Tax Evasion

Some people believe they shouldn’t be made to pay taxes because the government doesn’t represent them or misuses the funds. This can be considered a victimless crime because it doesn’t directly harm or oppress anyone. Just remember that the government rarely backs down from a fight, and if you owe taxes, they won’t stop coming after you until you have handled it.

Prostitution

Prostitution is often considered “victimless” because it is a consensual act engaged in by adults who are aware of their actions. Some people don’t think prostitution and other related crimes should be illegal for this reason. These individuals don’t necessarily participate in or support the act of prostitution, but believe prostitution to be a victimless crime that should not be policed. Charging people with prostitution or soliciting a prostitute may seem like a way for the government to police the morals of citizens and infringe on individual’s rights.

On the other side of the argument, people believe there are indeed victims – the prostitutes themselves. There is a belief, with some evidence, that women and sometimes underage girls are forced into prostitution for the financial gain of others.

Prostitution is a misdemeanor offense. Second offenses can be punished by 45 days in jail and third offenses may result in 90 days in jail.

Pimping is the act of profiting from the prostitution of another individual. It is a felony crime punishable by up to six years (eight if involving the prostitution of an individual under 16 years old)

Gambling

Gambling is a very significant industry in the state of California. In 2004, the total revenue for gambling in California totalled $13 billion. Slot machines and gambling on the internet are generally illegal in California. There are many requirements on exactly what kind of gambling is permitted and tight regulations on the location, ownership, employment, and supply for gambling in the state.

Many individuals may engage in online gambling in California, not realizing they are breaking the law. The fact that people can so easily break the law unknowingly is one argument for why it should not be illegal. This is another crime that some believe infringes on our first amendment rights as United States citizens. It seems like a victimless crime because the only victim is the individual willingly participating in the act (and perhaps indirectly his or her family if gambling has become a damaging addiction).

Charitable gambling is a fundraising technique that is generally prohibited in the state of California. Charitable gambling is allowed only if the nonprofit agency that wishes to put on the event registers with the Bureau of Gambling Control for approval. These events are only permitted once per calendar year. All businesses that supply equipment and other services to the charitable gambling event must also be registered.

All forms of gambling are regulated – even seemingly harmless activities, such as bingo and raffles, are regulated when conducted as a fundraising activity. The organizations that intend on hosting these events must register with the Registry of Charitable Trusts before raffles may be conducted. After each raffle event, a financial disclosure report must be filed.

Penal Code 422.6

This law states that it is illegal to threaten, interfere with, or oppress an individual exercising his or her rights based on that individual’s characteristics. This includes persons “acting under color of law.” This penal code was meant to protect individuals from hate crimes, but is often used in arguments about the illegitimacy of so-called “victimless” crimes.

Speak with a Sacramento Criminal Attorney if You Believe You Are Involved in a Victimless Crime

Why Is Illegal Gambling Considered A Victimless Crime Scene

A victimless crime is a very subjective and complicated matter. A Sacramento criminal attorney can take a look at your case and see what the best course of action is. With more than a decade of experience handling such cases, our Sacramento criminal attorney is here to help you with your legal matters. Give us a call at (916) 444-7595 for a consultation today.

A victimless crime is an activity that the government has decreed criminal even though there is no identifiable victim. A victimless crime is an activity that is performed by one or more consenting people, that causes no harm, injury or violation to anyone outside of the people performing the activity.

One example of a victimless crime is smoking marijuana at home by yourself. You are acting as an individual and no one else is harmed by your activity. Another example is prostitution. When two consenting adults engage in a sexual act in exchange for money, no one is harmed and no one’s rights are violated. Nevertheless, the government has labeled these activities as crimes.

Traffic “crimes” for the most part are victimless crimes. For example, if you are driving down the I-17 on your way to Phoenix after having visited the Grand Canyon, you will encounter many stretches of I-17 with a 75 mph speed limit. How many of you have been coasting down a hill on the I-17 with no other cars around and in perfect control of your vehicle, only to notice that you inadvertently hit 86 mph? If you happen to do this in front of a state-appointed revenue generator, otherwise known as a DPS officer, you could be charged with criminal speed. Where is the victim? What makes 85 mph not a crime, and 86 mph a crime that carries potential jail time?

Consider another example: Did you know it is a crime to drive a vehicle in Arizona if the registration is expired and that vehicle belongs to someone who is not a resident of Arizona? According to A.R.S. § 28-2322, this is a class 2 misdemeanor, the same as assault! In other words, if you borrowed a friend’s vehicle, and your friend was not a resident of Arizona, and unbeknownst to you the registration was expired, you could be facing up to four months in jail if the police catch you.

A real crime has an identifiable victim and is an activity performed by one or more people that causes harm, injury or violation to someone not voluntarily participating in the activity.

Why Is Illegal Gambling Considered A Victimless Crime Punishment

In contrast to the victimless crime examples above, if I jab a syringe of heroin into the back of my neighbor without asking him first, I have caused him harm without his consent; he was not a voluntary participant in the heroin injection. I have therefore committed a crime in every sense because I violated his right to be free from unwanted contact. Similarly, while prostitution involves the voluntary trade of sex for money, rape involves one person forcing involuntary sex upon another and therefore rape is a real crime.

A good universal rule to use when distinguishing between a victimless crime and real crime is “Was the activity completely voluntary?” For example, let’s say I go to Home Depot, pick up a box of screws and walk out the door without paying. That activity was not completely voluntary. My side was voluntary – I voluntarily took the box of screws. Home Depot’s side was not voluntary – Home Depot expects people to pay for items before removing them from the store and did not consent to me removing the box of screws from the store without paying. I therefore committed a real crime.

Why Is Illegal Gambling Considered A Victimless Crime In America

Now let’s say the government just passed a “Nails Not Screws” law that outlawed the use of screws because the hammer lobby was concerned about a decline in business. I then go to Home Depot, provide the obligatory secret handshake, and hand over $10 for my box of black-market screws and leave. Under the “Was the activity completely voluntary” standard, I have committed no real crime. I voluntarily gave Home Depot $10, and Home Depot voluntarily gave me a box of screws. No one was harmed or violated. In fact, Home Depot and I both have a net increase in happiness because I got the screws I wanted and Home Depot got the $10 it wanted. Unfortunately, due to the government’s arbitrary law, both Home Depot and I have committed a “crime,” albeit a victimless crime.

Why Is Illegal Gambling Considered A Victimless Crimes

We do not agree with many of Arizona’s exceptionally punitive traffic laws, many of which criminalize victimless activities, and we wish they did not exist. Fortunately, we have a strong history of protecting our clients’ rights and obtaining non-criminal resolutions in these types of cases.