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The way I see it, swatting is attempted 1st degree murder and if the victim dies the death penalty should be on the table.



First degree murder is a little much (do you really think this is equivalent to taking a gun and shooting someone with pre-planning and full intention to kill them?), but certainly involuntary manslaughter fits.


Not sure what about planning a swatting on Discord and then executing on that plan would qualify as involuntary. The actions were voluntary, intended to cause harm to the victim and a reasonable person would foresee that they could result in death.


Ianal but based on wikipedia that still sounds more like involuntary to me https://en.wikipedia.org/wiki/Manslaughter


I don't think the intent is to cause death though.


> First degree murder is a little much (do you really think this is equivalent to taking a gun and shooting someone with pre-planning and full intention to kill them?), but certainly involuntary manslaughter fits.

IAMN[even_close_to_being]AL, but I think you're right about it being involuntary manslaughter. My very limited understanding is that when a drunk driver kills someone, it's involuntary manslaughter because they're undertaking a risky behavior with intent neither to kill nor cause bodily harm, but death occured as a result of that behavior anyway. I think it could only be voluntary manslaughter if the circumstances were wildly different, like if the man got swatted, had a heart attack or stroke or something life threatening after the police had left, and the perpetrators were the only ones watching the stream and decided, in the heat of the moment as they watched his death unfold, that they would let him die for some reason, like they were angry at him for having the audacity to keep streaming right after the swat... I dunno.

I believe it could only be murder if in the premeditated steps ("hey, let's swat this guy!"), the guys deliberately planned on using the swat to give this man a heart attack or serious bodily injury.

At least, that's my very limited understanding; I'm just some guy with a beard, I don't really know anything about anything.


>the guys deliberately planned on using the swat to give this man a heart attack or serious bodily injury

I would say that while in this case the death via heart attack was an accident, having men with guns attack a home counts as deliberate intent to cause bodily injury.


I might be misremembering the classifications, but wouldn't that be voluntary manslaughter? Similar to if they rammed a truck into his house, intending to damage and terrorize but not (specifically) kill, and happened to run him over in the process?


The way I see it, the death penalty should never be on the table.




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