Saturday, September 9, 2023

The criminal prosecution of coercion through suggestion, such as inducing a young child to believe they can fly while on a rooftop, is contingent upon the degree of suggestibility attributed to the recipient of the message at the time. If it can be established that the risk was evident, a criminal offense has been committed. A reasonable individual would recognize that certain statements, whether spoken or written, pose a significant threat of harm to individuals who are under the influence of hallucinogenic substances, experiencing a state of psychosis, or have limited cognitive capacity. Such conduct is subject to criminal culpability if it can be demonstrated that the associated risks were not acknowledged or addressed, despite being readily apparent to the majority of individuals.

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