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Does the punishment fit the crime?

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?

Comments

  1. Cory Verner on 2007-04-10 00:05:03 wrote: Classic. It seems impossible to justify any time in prison for copying a DVD when you can actually desert your child and only get a single year in prison.

  2. are you my rik? on 2007-04-10 07:27:12 wrote: boy john, once it’s quantified into “illegal DVD” units, it sure doesn’t look that way. i wonder if there’s any way to head back through the records to see who instigated adding such sanctions into the penal code…well meaning citizens working with their elected legislators and representatives? hardly.

  3. b on 2007-04-10 13:43:29 wrote: Nice, I’d have to kidnap and rape 23 people to get the same amount of time as if the FBI busted down my door today. The irony is, only the people who actually purchase the DVD see that security warning in the beginning. If you get your copies “illegally” you never have to see it. I copy mine before I watch them just to avoid all of that “nonsense”.

  4. s’mee on 2007-04-10 16:16:38 wrote: boggles the mind. the only thing that boggles the mind more is the pensions that our law makers recieve for making these just and legal laws.

  5. Micky on 2007-04-11 04:30:53 wrote: Hey guys you have it easy, here in England you can get 10 years and unlimited fines! The Law really is an ass!

  6. Laura on 2007-04-11 14:08:28 wrote: Seriously - some of those maximums are ridiculous ! The DVD-copying beyond absurd, but 4 years for sex with a minor ? And that’s considered the same gravity as throwing poo @ a prison guard ? Of course, since $$ is a big factor in law-making these days, it would not surprise me if there was a lot of lobbying on Hollywood’s part factoring in here.