But you still can't justify your change of subject.
except that i have not changed the subject. the subject has always been the same argument
you made a false claim that i refuted with evidence
i have been arguing with you since because you can't accept the evidence presented and you refuse to actually accept you're actually wrong
i mean, you're a MOD. and you can't be wrong - or at least, that is the way you've repeatedly acted WRT this topic since i posted my first refute to your claim that it's legal to shoot blacks in the US
you are the only one who keeps trying to change the subject from your original false claim, which you still can't accept is wrong per the evidence
yes, it is. it is relevant because you stated it is legal to shoot blacks in the US
whereas the law explicitly states this is false
therefore it is relevant
If you cannot prove malice under RCW 9A.016.040(3), what triggers 18 USC § 249?
you are talking two separate charges, and one does not preclude the other
you can be charged with both at the same time, so there is no need to "trigger" 18 USC § 249
the federal law is explicit
and again, just because you didn't get prosecuted doesn't mean its legal, nor does it mean you're safe from prosecution under the law, especially when there is a homicide
A federal prosecutor is welcome to test an act covered under 9A.016.040 that lacks malice, but without that malice how would the prosecutor establish a hate crime?
asked and answered many, many, many times
the law is not only explicit, but 18 USC § 249 does not require malice or aforethought at all
how many times do we have to go over this?
read the law -
Offenses involving actual or perceived race, color, religion, or national origin.—Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person
here is the link again:
https://www.law.cornell.edu/uscode/text/18/249
where does it say anywhere that malice need be present?
where?
show me, please?
If one asserts self-defense, how will a prosecutor prove otherwise?
you are arguing two separate statutes: one covers self defense, one covers hate crimes
if you continue to ignore this then you will never understand WTF this whole argument is about, not that i am sure you know what you are actually talking about WRT this topic anyway
this is about hate crimes, not your law
and regardless of your self defense law, it is a state statute and still is superseded by federal law
so you can be found justified in your shooting but still be found guilty of a hate crime
it's a separate law for a separate situation that explicitly states your argument is false: it is NOT legal to shoot blacks in the US
No, it isn't, and no it doesn't.
and i just once again proved you wrong above, in this post
you keep arguing about your state statute - it really is irrelevant
i am making the argument that it really is not legal to shoot blacks in the US because of race, as it's illegal
you say it is legal per the state statute
you have absolutely no source material to support your claims demonstrating that shooting because of race is legal
not one link to not one case file or adjudication
not one
nowhere in this thread
You have yet to explain what the hell all that means. All you've done is insist on changing the subject.
none of the above is changing the subject
and this is baiting with intentional trolling BS
i have explained this as thoroughly as anyone can explain it and you have refused to accept it because it doesnt fit with your delusion
so i will explain this again: you made a claim. it is the same claim i have just proven is false
you claimed it is legal to shoot blacks in the US
the legal statute ( 18 U.S. Code § 249 )is relevant because it specifically states that shooting someone due to race is illegal
so you change it and claim it's legal because people have not been prosecuted, so that's proof it's legal
but not being prosecuted is not the same thing as being legal, it simply means you haven't been prosecuted
so then you change it to people have been prosecuted by the state and not found guilty of a crime
but that is not the same thing as the state statute is about justifying shooting when threatened, whereas the federal statute i provided ( 18 U.S. Code § 249 ) is superior to the state and specifically about shooting someone because they're black
then you change it yet again to i haven't explained all of that
but that is a lie
More to the point: not once do you ever actually provide source material for any case that demonstrates that any person utilised race as a justification for the shooting
not once
so you can't provide source material, you've changed the subject repeatedly to mask the fact taht you are blatantly wrong, and now you are attempting to distract again with the strawman argument that i am the one changing the subject
i am the only one who has stuck to the same argument throughout our exchanges
so you are demonstrating transference and lying
and blatantly so
and i've already proved that
and i can link that yet again to any MOD who wishes... you should be able to find it yourself