TexasCHLforum.com

I think a prosecutor could make a good case if he could prove that the post came from the actual individual. However, any good defense lawyer could point out that any decent hacker can impersonate someone on the Internet. Unless they had tracking info that proved it came from the individuals MAC address (which can be spoofed), subpoenaed the forum and the poster's ISP, and someone that actually SAW that individual writing that post and would testify to that fact, it could be refuted pretty easily.

I doubt a DA or prosecutor is going to go to that length to get the evidence on a Class A misdemeanor 30.06 charge unless they are on a witch hunt.

Russell wrote:I wonder if you can receive "sufficient notice" by reading a thread about where the signs are? IE, they are on the main entrances, but not the individual store entrances.

Could a lawyer bring up this particular thread and say "Mr. Smith knew the signs were on the main entrances, he read it on TexasCHLForums.com. He purposely went into the Bed Bath and Beyond store to purposely "miss" the 30.06 signs." ? Or would it be considered hearsay and not admissible in court as evidence?

I would think there would have to be some written response in the forum by Mr. Smith that he had read the post too prove he knew about the posted business. if they are like me, I sometimes read things, but it doesn't sink in. Just being a member doesn't mean you read every post either. That is evident from the multiple times people ask the same questions that have been posted dozens of times! (I'm guilty of that as well )