Leave the Gun, Take the Cannoli

Posted By Navid Alband || 15-Oct-2010

Watch The Clip Here

The Godfather has got to be one of my favorite movies. While there are too many crimes to count in the Godfather movies, there are many you may not think of. For example, in this particular clip they may be guilty of failing to wear safety belts, murder, criminal conspiracy to commit murder, disorderly conduct, theft, and criminal conspiracy to commit theft. I know these scenes did not take place in Texas, but we are going to examine their actions under Texas law.

Under Texas Penal Code § 545.413 a person has committed a misdemeanor punishable by a $25 to $50 fine when a person that is (1) at least 15 years of age is (2) riding in the front seat of a passenger vehicle (3) while the vehicle is being operated and is (4) not secured by a seat belt (5) where the car is equipped with a seat belt. I see no seatbelts being clicked in this scene, and as the saying goes "click it or ticket". However, this particular vehicle may not be equipped with safety belts which would exempt them from such liability.

One has committed criminal homicide when he intentionally or knowingly causes the death of an individual. V.T.C.A., Penal Code § 19.02. I think most would agree that pulling over with the intent to shoot someone in the head would fall under "intentionally causing the death of an individual".

As a party to the offense, his accomplices 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.

Urinating in public is a crime under Penal Code § 42.01(a)(12), which states that a person is guilty of disorderly conduct when they expose their genitals in public in a reckless manner as to whether another person who may be offended is present. This would be considered a Class C misdemeanor.

Under Texas Penal Code § 31.03 a person is guilty of theft when he unlawful appropriates property with intent to deprive the owner of property without the owner's consent. This is a Class C misdemeanor when the value of the property is less than $50. A cannoli may not be worth much in dollars, but many would consider it very offensive to steal someone's dessert- especially from a dead man.

Also, under the Texas Transportation Code § 545.305(a)(5), an officer may remove by way of towing an unattended vehicle that the officer has reasonable grounds to believe that the vehicle has been abandoned for longer than 48 hours. And I do believe that vehicle will be sitting there for at least 48 hours for lack of a lively driver.

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