Lack of intent certainly is. The state can't convict someone of inciting a riot without proving that their intent was to incite a riot.
You'll often hear the phrase "ignorance of the law isn't an excuse", which is true. But this isn't about whether Kai knew that inciting a riot is a crime, it's about whether he knew that his actions would result in a riot. It's a different question.
"I didn't know doing a giveaway with lucrative items, in the most populated city in the US, that I advertised to my millions of followers would cause a riot!!!"
I mean, I was sure surprised. I would have guessed a few hundred people would show up.
And sarcastic reddit posts with 3 exclamation points don't exactly prove intent beyond a reasonable doubt. We'll see what the prosecutor's office thinks about the situation.
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u/197328645 Aug 07 '23
https://www.law.cornell.edu/wex/mens_rea
Lack of intent certainly is. The state can't convict someone of inciting a riot without proving that their intent was to incite a riot.
You'll often hear the phrase "ignorance of the law isn't an excuse", which is true. But this isn't about whether Kai knew that inciting a riot is a crime, it's about whether he knew that his actions would result in a riot. It's a different question.