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Old 08-03-2006, 12:02 AM   #9
Bear Islander
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Quote:
Originally Posted by Skip
When you untie anothers motorized vessel to move it to another place, you have effectively excercised control over that vessel during the process. One hopes you have obtained the owner's permission to do so or perhaps you should become familiar with the following statute:


TITLE LXII
CRIMINAL CODE
CHAPTER 634
DESTRUCTION OF PROPERTY
Section 634:3
634:3 Unauthorized Use of Propelled Vehicle or Animal. –
I. A person is guilty of a misdemeanor if, knowing that he does not have the consent of the owner, he takes, operates, exercises control over, or otherwise uses a propelled vehicle or animal. A person who engages in any such conduct without the consent of the owner is presumed to know that he does not have such consent.
II. As used in this section, "propelled vehicle" has the same meaning as in RSA 637:9, III.
Source. 1971, 518:1, eff. Nov. 1, 1973.

637:9, III....

III. As used in this section, "propelled vehicle" means any automobile, airplane, motorcycle, motorboat or any other motor-propelled vehicle or vessel, or any boat or vessel propelled by sail, oar or paddle.



My gosh folks, lighten up! The world doesn't come to an end if someone has hogged a dock space somewhere. The civil liability you immediately assume when handling someone else’s property without their permission, coupled with the possible criminal liabilities should things go awry, just aren't worth it! If the violation is so grievous it needs immediate attention, notify the local officials in control of the applicable docks to take action. Otherwise just shake your head in disbelief and chalk another story up to Capt'n Bonehead.

I take solace in knowing that after having perused this sight for many years, there are one or two posters here that love to embellish a tale to get a rise out of some of us. But must of us are aware of the incidents where someone has moved ours (or someone else’s) boat. Just be aware of the potential civil and criminal liabilities before you mistakenly believe that it is accepted practice to do so!

Sorry for the editorializing, just don't want an innocent person here making a mistake that could have grave circumstances.....

Skip
Skip

You are really stretching one here! Untying and retying a boat is not "exercising control over" in the context of a "DESTRUCTION OF PROPERTY" statute.

Next thing you will be saying we can't roll over a car that's in 2 parking spaces.
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