Does the punishment fit the crime?
April 9th, 2007
In the United States, copying a DVD can get you up to 5 years in prison and a $250,000 fine. At least, that’s what all of my legally rented Netflix DVDs tell me every single time I watch them. For fun, I thought I’d see if that punishment was reasonable by surveying the California penal code (the penal code is actually funnier than it sounds). Here are some other crimes, for comparison:
| Crime (penal code section) | Maximum prison sentence | Illegal DVD equivalent |
|---|---|---|
| Assault (“an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another”) (241.a) | 6 months | 10 counts of assault = 1 illegal DVD |
| Possession of an assault weapon (12280.b) | 1 year | 5 assault weapons = 1 illegal DVD |
| Battery (“any willful and unlawful use of force or violence upon the person of another”) against a peace officer, fire fighter, nurse, physician, lifeguard, paramedic, armed services member, etc. (243.b) | 1 year | 5 counts of battery = 1 illegal DVD |
| Deserting your child with intent to abandon (271) | 1 year | Deserting 5 children = 1 illegal DVD |
| Firing a laser at an occupied aircraft (No, I’m not kidding!) (247.5) | 3 years | 0.6 DVDs |
| Sexual battery (243.4.b) | 4 years | 0.8 DVDs |
| Throwing feces on a prison guard (243.9.a) | 4 years | 0.8 DVDs |
| Assault with a deadly weapon (245.a.1) | 4 years | 0.8 DVDs |
| Unlawful sexual intercourse with a minor (261.5.d) | 4 years | 0.8 DVDs |
| Forcing your wife into prostitution (266g) | 4 years | 0.8 DVDs |
| Rape (264.a) | 8 years | 1.6 DVDs |
| Kidnapping (208.a) | 8 years | 1.6 DVDs |
| Mayhem (“unlawfully and maliciously deprives a human being of a member of his body”) (204) | 8 years | 1.6 DVDs |
| Sexual assault of a child (269) | 15 years to life | 3 to 20 DVDs |
| 2nd degree murder (190.a) | 15 years to life | 3 to 20 DVDs |
| 1st degree murder (190.a) | 25 years to life | 5 to 20 DVDs |
So, in theory, you might do more time for illegally copying a Disney DVD for your kids to watch than if you deserted them in a Hollywood alley. Does that sound reasonable to you?