It's illegal to contaminate food, even if it's your own. The reason for this is they can prove it's malice because you're not likely to prepare a sandwich full of laxatives for yourself, hence obviously you planned on poisoning someone. The only way to contaminate your own food is if it's something that you could pass off as intending to consume yourself -- i.e. load it up with hot sauce. They can't prove that's malice because you might legitimately eat it yourself.
Liquids makes this tricky because you're not likely to put hot sauce in a beverage.
Malice couldn’t be proven through a laxative because it can be used for self-treatment.
Your food would have to be loaded up eye drops or something to prove ill intent.
You're wrong. Time and time again, people spiking their own food with laxatives get charged. No one treats themselves with laxatives by hiding it in their food. You're expected to take it like a big boy, not sneak it into your own food at work.
People are free to take substances for self-treatment any way they see fit. The fact they literally make chocolate laxatives demonstrates as much. The law has no guideline or expectation in that regard.
So, feel free to show me the plethora of cases involving people mixing laxatives in their own food. I’m fascinated.
I tend to think a judge or jury would laugh in your face if you offered up this defense. Because no one does it and it's far easier to believe the food was adulterated for revenge purposes.
People probably think of all kinds of defense possibilities that fall apart when a trier of facts applies reason.
But I'd also like to see any cases on the subject.
They would laugh at the case being presented in the first place.
Who the fuck is going to sue someone because the item they attempted to steal made them shit? They immediately incriminate themselves, and then have to PROVE the person they stole from wasn’t in fact constipated.
Breezah’s idea is ironclad. If she brought chocolates to work, with no intention of sharing them, she’s under no obligation to label them as laxatives or inform her coworkers she has a bowel problem.
If he stole a few, ate them, and shit his brains out, he has absolutely no recourse whatsoever. The food he ate did exactly what it’s intended to do.
Are you an attorney / legal expert? I'm sure not.
I'd like to see one weigh in.
Also, forget being sued. I meant a criminal case. Giving someone laxatives without their knowledge or permission sure sounds illegal. Yes I know you think this doesnt qualify as "giving to them". Theres probably legal nuance to that definition based on circumstance.
But there could be a civil one to go along with that.
He has to incriminate himself in a criminal case as well. The authorities aren’t going to know about the shit-sandwich, or chocolates, unless the thief confesses to being a thief.
And yes, giving out laxatives can certainly result in consequences. I remember a soccer mom being prosecuted for handing out lax cookies at some kind of fundraiser.
But, nothing was given out in this scenario - it was stolen. Since the culprit would never have consumed the substance without stealing the property, he has to prove the person he stole from didn’t have a bowel issue, as it’s the only way he could establish intent.
If the food owner says, “Laxatives can sometimes be hard on my stomach so I prefer to mix it with food. It was my lunch, and I had no intention of giving to anyone else,” how can he prove otherwise?
It would be her word against that of a confessed, established thief. Comical.
If it were eye drops or some chemical people don’t consume, it would obviously be easier to establish intent.