One Hit Could Ruin Your Whole Day

Posted By Navid Alband || 5-Nov-2010

Watch the Clip Here.

The movie, Pineapple Express, is centered around and full of illegal activities. Let us look at those crimes under Texas law.

Since this movie is so named for marijuana, let us address that first. Under the Texas Health and Safety Code§ 481.121 a person has committed the offense of possession of marijuana when they knowingly or intentionally possess a usable quantity of marijuana. An offense under this section can range from a Class B misdemeanor to a second degree felony depending on the amount of marijuana found. Dale could clearly be found guilty of this offense.

Secondly, one commits the offense of delivering marijuana when they knowingly or intentionally deliver marijuana under H&SC § 481.120. This offense can range from a Class B misdemeanor to a first degree felony. Saul, the drug dealer, would fall under this category.

Dale would also likely be guilty of driving while intoxicated. A person commits the offense of driving while intoxicated while operating a vehicle in a public place. The intoxicant can include drugs. V.T.C.A. P.C. § 49.04. A crime under this section is a Class B misdemeanor.

Dale happens to be in the wrong place at the wrong time while attempting to serve a warrant and witnesses a murder. One has committed criminal homicide when he intentionally or knowingly causes the death of an individual. V.T.C.A., Penal Code § 19.02. Ted Jones, the shooter, would be guilty of this crime.

As a party to the offense, the officer that is there at the time of the shooting is likely an accomplice that could be held criminally responsible for the offense of criminal homicide. A person is criminally responsible under Texas Penal Code § 7.01 and §7.02 for an offense committed by another if he acts with the intent to promote or assist the commission of the offense: he solicits, encourages, directs, aids, or attempts to aid the person to commit the offense.

Dale may also be guilty of reckless driving in his attempt to get away and striking two cars. A person commits the offense of reckless driving if they drive a vehicle in willful or wanton disregard for the safety of persons or property under TRC § 545.401. An offense under this section is a misdemeanor.

We also see Dale and Saul selling marijuana to minors behind a school. Under H&SC § 481.122 a person commits the offense of delivering a controlled substance of marijuana to a child when they knowingly deliver marijuana to a person who is a child under the age of 18 and who is enrolled or primary or secondary schooling.

Dale and Saul evade many an officer's arrest in this clip. A person commits the offense of evading arrest when he intentionally flees from a person he knows is a peace officer attempting to lawfully arrest or detain him. V.T.C.A., Pen. Code § 38.04. The defense in this matter is that the officers are not attempting to lawfully detain him, as they are the ones acting illegally for most of this clip. However, the officer that witnessed Dale and Saul selling drugs to minors would have a lawful reason to arrest. Therefore, Saul taking the officer's patrol car would probably be committing the crime of evading.

There are quite a few instances of assault occurring toward the end of the clip. A person has committed assault when they intentionally or knowingly cause physical contact with another when the person should reasonably believe that the other will regard the contact as offensive or provocative. This would be a Class C misdemeanor. V.T.C.A., Pen. Code § 22.01. Everyone we see in the end of this clip could likely be charged of this offense.

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