View Single Post
  #11  
Old 12-20-2017, 10:27 PM
Kevin Kevin is offline
Super Moderator
 
Join Date: Feb 2002
Location: Oklahoma City, Oklahoma
Posts: 18,657
Oh I get strict liability. I'm just having a hard time figuring out the act or omission. If I'm Pi Kappa Alpha and I send our leadership consultant out for biannual visits (or whatever they do) and the consultant sees nothing of concern each time, they're doing that SLAG thing they do and are an outstanding chapter as far as I know.

The Chapter and National organization are corporately separate entities. It's basically a franchise model. Texas is basically trying to do something like fining Disney because an employee at a franchisee McDonald's committed an intentional tort (which civilly, they wouldn't be liable for because they'd be acting outside the scope of their employment).

And in all of your strict liability offense examples like statutory rape, the Defendant still did do a thing. There was an act. Here, there is not an act or omission. I just can't see how it works as a crime. Unfortunately, with a fine of $5K-$10K, we'll probably have to wait until a killing/serious maiming is prosecuted and that double medicals thing kicks in.

[and disclaimer: Pike, if you're reading this, go hire a lawyer in Texas and stop creeping Greekchat for legal advice.]
__________________
SN -SINCE 1869-
"EXCELLING WITH HONOR"
S N E T T
Mu Tau 5, Central Oklahoma
Reply With Quote