True Love's First Assault

Posted By Navid Alband || 22-Oct-2010

Watch The Clip Here.

Snow White is a very iconic Disney movie. However, the actions in this clip could be perceived as not so innocent.

First of all, Snow White was "asleep" due to the Queen's attempt to kill her via a poisoned apple. That would constitute as attempted criminal homicide. One commits criminal homicide when he intentionally, knowingly, or recklessly causes the death of an individual. Because the queen was not so successful in her attempt she would be found guilty of attempted criminal homicide instead of the completed offense. A person commits an offense of criminal attempt, when, with the specific intent to commit an offense she does an act amounting to more than mere preparation but fails to effect the commission of the offense. V.T.C.A., Penal Code § 19.01.

By keeping Snow White's body, evidence of the Queen's crime hidden away in the forest, the dwarves could be guilty of tampering with physical evidence of a crime. Tampering with evidence constitutes as a crime under Texas Penal Code § 37.09 when a person, with knowledge that an investigation is taking place, conceals anything with the intent to impair its ability to be discovered as evidence. This would be a Class A misdemeanor.

Some prosecutors may charge the dwarves with abuse of a corpse under Penal Code § 42.08. A person has committed the offense of abusing a corpse when he disinters, disturbs, or treats in a seriously offensive manner a human corpse. This crime would be considered a Class A misdemeanor.

Because all the seven dwarves agreed to keep Snow White in the forest, the seven dwarves could also be guilty of criminal conspiracy. Conspiracy occurs when a person agrees with one or more persons that one or more of them engage in conduct that would constitute an offense. Then they perform an overt act in pursuance of that agreement. An agreement constituting conspiracy may be inferred from the acts of the parties.

A savvy defense attorney has a few defense options in this scenario. The most obvious defense option here is that Snow White was not actually dead- which would eliminate the possibility of abusing a corpse. Second, the dwarves may have been attempting to save Snow White in pursuance of defending a third party. Finally, although an agreement constituting may be inferred from the party's actions- seven men living together may not be enough circumstantial evidence to make such an inference.

Prince Charming may be guilty of committing assault upon Snow White for kissing her without consent. 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. It is no defense to this offense if the person is unconscious and unable to resist. V.T.C.A., Penal Code § 22.01.

Now, we can look at the final act of Prince Charming whisking Snow White off. If you believe she is the walking dead, then Prince Charming would also be guilty of tampering with physical evidence and perhaps abuse of a corpse as discussed above. However, if you see that she has truly come back to life then he may be guilty of kidnapping. Someone who has just arisen from the dead is hardly in the right mental state to give consent to leave with a stranger. Under Texas Penal Code § 20.03 a person commits the offense of kidnapping when he intentionally abducts another person. An offense under this section is a felony in the third degree.

Similar defenses that could be used by the dwarves are available to Prince Charming. By arguing that Snow White was not actually dead, a defense attorney may be able to eliminate the abuse of a corpse charge. In addition, the actions of Snow White after the kiss and being elated to go away with Prince Charming are the best defense to assault and kidnapping charges. The State may have a tough time proving that Snow White found Prince Charming's actions offensive and did not want to go with him.

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