Seminar Paper
Legal Issues of the 21st Century
School of Law
Santa Clara University
Dear
Santa Clara District Attorney Hamilton Burger:
The
proceeding memorandum presents the likelihood of conviction of the defendant,
William Hearst as to the matters discussed previously in your office.
Deep Virtual Reality just recently became available to
the consumer two years ago. With
this invention, Mr. Barclay of Enterprise Technologies opened up a wide berth
of exploration in the realm of home entertainment. Many people now experience movies without leaving the
comfort of their homes. Some users
prefer to travel back in time with Deep Virtual Reality by recreating past
events. The experience is as
realistic as actually being present.
All of this occurs in a chair allowing one to relax while he or she does
whatever he or she wants to in a virtual reality world. While most users enjoy a multitude of
scenarios, some recent developments have taken a turn for the worst. A number of safeguards are imposed into
the programs to prevent any injury to the consumer. Some of these safety functions include padding the chair in
which the persons sit, motion stabilizers, and a program within each scenario
that monitors the conditions of the user so that no potential harm can
occur. This leads to
the discussion at hand.
ÒJAMES BOND PUNCHED ME!Ó ÒMYSTERIOUS SHADOW MAN
ENTERED MY VIRTUAL REALITY WORLD AND ATTACKED ME!Ó ÒSTRANGE ALIEN APPEARED AND TRIED
TO EAT ME!Ó As you know, these are some of the current headlines
that the mayor was so kind to provide you with. As of last night, Officer Hooker apprehended the defendant,
William R. Hearst for alleged criminal assault and battery. Luckily, Officer
Hooker was able to apprehend Hearst before he was able to do any further harm.
Officer Hooker gathered evidence of HearstÕs
whereabouts through informants and the use of Deep Virtual Reality. Officer Hooker used Deep Virtual
Reality to draw Hearst out by becoming a potential target. Sure enough, Hearst attacked Officer
Hooker as Bigfoot by attempting to bite him, however, Hooker ran away. Hooker used state of the art technology
to trace HearstÕs exact whereabouts.
Hooker had a bruise on his arm due to the attack as he moved about in
his chair.
Apparently, Hearst is responsible for three of the
latest attacks that have occurred among Deep Virtual Reality consumers in Santa
Clara, California. Mr. and Mrs. Hand were allegedly assaulted at different
times in the use of their Virtual Reality. Mr. Hand was in the middle of a spy scenario when James Bond
appeared and tried to punch him.
Mr. Hand sustained no injuries as he exited the program. Mrs. Hand was lunged at by a shadow
while working on her prize-winning roses in Virtual Reality. She immediately shifted in her seat,
then exited the program sustaining no injuries. Mr. Kent was also attacked while relaxing in a four star
hotel on Mars when a vicious alien appeared and threatened to eat him. He fell out of his seat and sustained a
minor cut to the head.
The California Courts have never dealt with such an issue of assault and/or battery in the realm of Deep Virtual Reality. Mr. and Mrs. Hand are pressing charges for assault. Mr. Kent and Officer Hooker are pressing charges for assault and battery. The charges would be misdemeanors punishable with a possible fine and/or imprisonment. By getting a successful conviction as to Hearst, the hope is to deter future violations like Hearst against consumers using their Deep Virtual Reality.
1.
Definition of
Criminal Assault
An assault is an unlawful attempt, coupled with a
present ability, to commit
violent
injury on the person of another. California
Penal Code, Section 240. An assault is merely an attempt to
commit battery. People v.
Colantuono, 7 Cal.4th 206,
26 Cal.Rptr.2d 908 (1994).
2.
Elements of
Criminal Assault
The elements of a criminal assault are stated in the
definition above. There must be an
unlawful attempt to commit violent injury. There must be an actual present ability to commit violent
injury on the person of another.
The last element goes to the intent of the assailant. For criminal assault, one must have
either the intent to batter, hit, strike, or wrongfully touch a victim or one
must have a general criminal intent to do an act, which is inherently dangerous
to human life. In Re Gavin T. 66 Cal.App.4th 238, 77 Cal.Rptr.2d 701
(1998).
1.
Definition of
Criminal Battery
A battery is any willful and unlawful use of force or
violence upon the person of another.
California Penal Code, Section
242. A battery is a consummated
assault. People v. Colantuono, supra.
2. Elements of Criminal Battery
The elements for battery are stated in the above definition of a battery. The elements include any unlawful or willful force or violence, any force or violence, and directly or indirectly.
C.
Application of
Criminal Assault to Hearst
1.
Unlawful attempt
to commit violent injury
In the case against Hearst, an unlawful attempt to
commit violent injury must be proven.
Since Hearst was only present in the virtual world, no violent injury
could occur in that world.
An overt act toward the immediate accomplishment of
the intended assault will supply the necessary element of unlawful
attempt. People v. Corson 221 Cal.App.2d 579, 34 Cal.Rptr. 584 (1963). The physical act of Hearst projecting
himself into each of the plaintiffsÕ Virtual Reality scenarios could be seen as
an overt act toward the immediate accomplishment of the assault. Hearst took steps to insure that the
plaintiffs would be injured by his attack on them in the virtual world. It is well known that the virtual
programs run an internal program that monitors the userÕs condition. This helps protect against surprises to
the user that could cause them to jerk in the seat. Hearst projected himself into the plaintiffsÕ scenarios
causing an act that is not accounted for by the program. This act can propel the user to jerk in
the seat and thereby, get hurt.
The plaintiffs can further rely on People v. Yslas 27 C. 633 (1865). There, the court stated, ÒIf he is advancing with intent to
strike his adversary and comes sufficiently near to induce a man of ordinary
firmness to believe, in view of all circumstances, that he will instantly
receive a blow unless he strike in self- defense or retreat, the assault is
complete.Ó Id. The act of making one strike in
self-defense or retreat will be an unlawful attempt. The physical act of appearing in the plaintiffsÕ scenarios,
attacking them and causing them to retreat, i.e. move in the chair, would
constitute an unlawful attempt.
Hearst can also claim that even if there was an
unlawful attempt, the attempt can not be for violent injury since virtual reality
is not a place where one can get hurt.
However, any wrongful act committed by means of physical force against
the person of another, regardless of the degree or kind of physical force used,
constitutes a Òviolent injuryÓ under the statute. People v. Flummerfelt 153 Cal.App.2d 121, 52 Cal.Rptr. 733 (1957). Any degree of injury constitutes a violent injury. The fact that Hearst used
physical force to appear in the virtual world and cause plaintiffs to injury or
possibly injure themselves in the real world would constitute a violent injury
regardless of the degree of that injury.
2. Present ability to commit violent
injury
Hearst could argue that there is no present ability
because there is no reason for plaintiffs to be alarmed at his presence. No physical danger is presented in
virtual reality so there would be no cause for shifting in the chair even if
surprised by an attacker and therefore, no ability to inflict injury. However, back in the 20th
Century, a type of technology was implemented at theaters called Ò3d.Ó Many users of this technology would
jump even though no apparent danger was presented. It is reasonable to assume that a surprise attacker that
enters anotherÕs virtual reality program without consent would cause one to
shift in their seat leading to the element of present ability. Each of these cases proves that people
shift in there seats regardless of the fact harm can not occur in virtual
reality as a natural human reaction.
This human response would be meet the present ability element.
3.
Intent to Commit
a violent injury
An intent to commit a violent injury on another person
is an essential element in a prosecution for assault. People v. Burres
101 Cal.App.3d 341, 161 Cal.Rptr. 593 (1980). For criminal assault, one must
have either the intent to batter, hit, strike, or wrongfully touch a victim or
one must have a general criminal intent to do an act, which is inherently
dangerous to human life. In Re
Gavin T. 66 Cal.App.4th
238, 77 Cal.Rptr.2d 701 (1998).
Hearst would satisfy the element of intent to assault. He used physical force to appear before
each plaintiff, attack or attempt to attack each plaintiff, thereby causing
them to shift in their seats. This
is the general intent to do an act, which is inherently dangerous to human
life. Hearst puts himself into a
situation where he surprises the user of the virtual reality and then attacks
them. This appearance and attack
leads to harm in the real world or could lead to harm in the real world so it
would be considered inherently dangerous to do so.
Hearst
could argue that there is no intent to commit the type of harm that results
from his appearance. His intent is
merely to frighten. This would
fail however, because there need not be a specific intent to cause a particular
injury. People v. Carmen 36 C.2d 768, 228 P.2d 281 (1951). The harm caused is a direct result of
HearstÕs actions. There is no
requirement that he intended this specific harm just a result that this harm
occurred or could occur.
1.
Willful and
Unlawful use of force
Officer Hooker and Mr. Kent must show a willful and unlawful use of force. Hearst will argue that the physical force that he used amounted to criminal negligence rather than general intent to inflict harm on another. Criminal negligence has never been used in California as a battery. People v. Laura 44 Cal.App.4th 102, 51 Cal.Rptr.2d 402 (1996). It was already shown that general intent existed however, because Hearst had to take steps to get into Officer Hooker and Mr. KentÕs virtual reality scenarios proving that there was a general intent to harm rather than negligence.
2. Force
or violence
The next element that must be proved is that there was force or violence used. This element would be rather easy to prove. Violent injury can include any wrongful act done by means of physical force against another. People v. Bradbury 151 C.675, 91 P. 497 (1907). The wrongful physical force was Hearst physically projecting himself into Hooker and KentÕs virtual scenarios. Hooker and Kent were injured as a result of HearstÕs actions against them.
Even if Hooker and Kent lose this argument, they could still prevail because Hearst could be found liable for committing an act that was inherently dangerous. If a person commits an act that is inherently dangerous to others with conscious disregard for human safety, i.e. acts willfully, the intent to commit battery is assumed. People v. Vasquez 85 Cal.App 575, 259 P. 1005 (1927). Hearst acted willfully by entering Hooker and KentÕs virtual scenarios regardless of the fact that it could lead to injury to them. The force or violence of battery would be assumed.
3. Direct
or indirect
The last element is that the force was direct or indirect. The force may be directly applied, as by punching, kicking, or tripping the victim. People v. Whalen 124 Cal.App.2d 713, 269 P.2d 181 (1954). The force may be indirectly applied in a variety of ways. People v. Wright 52 Cal.App.4th 203, 59 Cal.Rptr.2d 316 (1996). The force in this case would be direct in the fact that Hearst entered the virtual reality scenarios and then caused the plaintiffs to shift in their seats. The force could also be indirect in that Hearst was not actually present but still caused the plaintiffs to shift in their seats. Either way, the force was applied.
Hearst would most likely be convicted on all counts. As to each plaintiff, it would occur as follows:
Mr.
and Mrs. Hand would prevail for the assault committed by Hearst as shown
above. Assault is punishable by
fine not exceeding one thousand dollars, or by imprisonment in the county jail
not exceeding six months, or by both.
California Penal Code, Section
241.4. Therefore, the assault
could amount to $1000 dollar fine, up to 6 months in jail or both. A felony could not be charged against
Hearst because specific intent is needed and another attempt to do something
else such a murder of Mr. Hand.
This was not present in this case and could not be done in virtual
reality so a misdemeanor would occur.
Mr.
Kent would prevail on both accounts of assault and battery. Assault would fall under the same fine
and jail time as above. Battery
would, however, be different. A
battery is punishable by a fine not exceeding two thousand dollars or by imprisonment
in a county jail not exceeding six months or by both. California Penal Code, Section 243. The
same reasons apply as to why no felony could be brought.
Officer
Hooker would also prevail on both accounts of assault and battery. Both of these categories would fall
under the same Penal Codes mentioned above. However, since Hooker was attacked while performing his
duties as a police officer, there is an enhanced penalty. The enhanced penalty is that the
penalty for assault is now up to a year in prison in the county jail or state
prison and no fine. This would not
apply though because Hearst had no way of knowing that Officer Hooker was
acting as a police officer while in virtual reality. There is also an enhanced penalty for battery against a
police officer that is conducting his or her duties as an officer. That enhancement is that the
imprisonment can go up to one year.
Again, Hearst would not fall under this enhancement because he did not
know that Officer Hooker was an officer and had no reason to know that he was.
The District Attorney of Santa Clara should proceed with his arraignment of William R. Hearst. It is my conclusion that Hearst will probably be convicted on numerous counts. This should provide sufficient case law or precedent for prosecuting any further violations of assault and battery by interlopers of a consumerÕs virtual reality world. Assuming all the elements can be met, Hearst will be convicted and either pay a hefty fine and/or serve some jail time for his despicable acts. The District Attorney should move ahead as soon as possible so further actions such as this are diverted.
Respectfully,
Alan Mason
Alan Mason
Law
Clerk to DA of
Santa
Clara