It was Fight Club meets Eyes Wide Shut in the Supergirl episode “Survivors.” The villainess Roulette ran a high dollar fight club for the elites of National City. As many like to imagine the rich and famous, they wear masks to watch aliens battle to the death. This raises the question, how could Maggie Sawyer follow the 4th Amendment in stating charges against Roulette when arresting her?
The answer is simple: illegal prize fighting.
Roulette could be convicted of running a “pugilistic contest” in violation of California law. The Penal Code states:
Any person, who, within this state, engages in, engages in, or instigates, aids, encourages, or does any act to further, a pugilistic contest, or fight, or ring or prize-fight, or sparring or boxing exhibition, taking or to take place either within or without this state, between two or more persons, with or without gloves, for any price, reward, or compensation, directly or indirectly, or who goes into training preparatory to such pugilistic contest, or fight, or ring or prize-fight, or sparring or boxing exhibition, or acts as aider, abetter, backer, umpire, referee, trainer, second, surgeon, or assistant, at such pugilistic contest, or fight, or ring or prize-fight, or sparring or boxing exhibition, or who sends or publishes a challenge or acceptance of a challenge, or who knowingly carries or delivers such challenge or acceptance, or who gives or takes or receives any tickets, tokens, prize, money, or thing of value, from any person or persons, for the purpose of seeing or witnessing any such pugilistic contest, or fight, or ring or prize-fight, or sparring or boxing exhibition, or who, being the owner, lessee, agent, or occupant of any vessel, building, hotel, room, enclosure or ground, or any part thereof, whether for gain, hire, reward or gratuitously or otherwise, permits the same to be used or occupied for such a pugilistic contest, or fight, or ring or prize-fight, or sparring or boxing exhibition, or who lays, makes, offers or accepts, a bet or bets, or wager or wagers, upon the result or any feature of any pugilistic contest, or fight, or ring or prize-fight, or sparring or boxing exhibition, or acts as stakeholder of any such bet or bets, or wager or wagers, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars and be imprisoned in the county jail not less than thirty days nor exceeding one year.
Pen. Code, § 412.
Two aliens in a cage match definitely meets the elements of Penal Code § 412. Moreover, anyone who attended the fights as a willing spectator could also be convicted of a misdemeanor under California Penal Code § 413.
A defense attorney could argue California Penal Code §§ 412 and 413 do not apply to aliens, because aliens are not “people,” thus it is a legal impossibility to be prosecuted under these code sections. While the scope of Alien Amnesty Act is not clear, it likely would take a Constitutional Amendment for a “lifeform born on another planet” to be considered a “person” under the law. That being said, the Constitution would likely protect “off world aliens,” just as the Constitution protects those who are not legally within the United States. However, the issue of “person” under the law is untested with outer space aliens.
A good district attorney would also charge Roulette and her audience under California Penal Code § 597b, which prohibits illegal fights between animals. While aliens are not specifically addressed, the law protects, “any bull, bear, or other animal,” which in the broadest sense, would apply to a being not from Earth. Furthermore, those who were spectators could be prosecuted under Penal Code § 597c.
Roulette also could be charged for racketeering, as she was operating a mercenary force for kidnapping. There is no way she could escape being prosecuted in California courts or for RICO in Federal court.