Legal Question in Criminal Law in California
i AM A SECURITY CONTRACTOR AT A THEME PARK. A FEW TIMES MY GUYS DECIDE TO WALK OFF THEIR POST TO RIDE THE RIDES. IS THIS DEFRAUDING AN INNKEEPER?
ALSO, WHEN THEY ABANDON THEIR POST, THEY ENDANGER THE PUBLIC BY NOT BEING THERE IN CASE OF AN INCIDENT. WHAT IS THAT CHARGE?
1 Answer from Attorneys
Serious question that asks for serious answer.
Riders that don't pay are depriving the owner of just payment, so that would be a form of fraud, similar to 'dine and dash', or innkeeper fraud, or pirating 'free' music or videos. I guess the exception would be IF they were, in good faith, furthering their security duties of observation and surveillance by the riding.
Abandoning a post is misconduct and/or breach of duty, and would be grounds for discipline. In the military, a serious offense. If preventable harm occurred because of that breach, there could be liability incurred.
The flippant answer would be 'boys will be boys' or 'everybody does it'.
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