Did Han Solo Abandon a Marriage?

August 21, 2015

The new Star Wars comic set between Episodes IV and V has added a new spin on Han Solo: A woman named Sana Solo claimed Han is her husband. As quickly as you can say, “I’d sooner kiss a Wookiee,” Han has denied being married to Sana. If Sana were to be believed, this would mean Han abandoned the marriage. Making matters worse for Han, Sana is one ticked off bounty hunter who probably is seeking an extra-judicial resolution.

Let’s just hope that Han Solo does not have a profile on Ashley Madison.

Long, Long, Ago, In a State Far, Far, Away

Sana Solo has not yet produced a marriage certificate from any planet documenting her marriage to Han Solo. As such, we cannot analyze the laws of that planet on marriage. By way of comparison, abandoning a marriage is grounds for divorce in Texas and fault states such as New York. Moreover, abandoning a marriage could be a crime in both Texas and Oklahoma.

A Court may grant divorce for an abandoned spouse if 1) the offending spouse left the complaining spouse with the intention of abandonment; and 2) the offending spouse remained away for at least one year. See, Tex. Fam. Code § 6.005 and NY CLS Dom Rel § 170.

Abandonment cases are as varied as the color of lightsabers. In one case from 1914, a Texas farmer secured a divorce by abandonment of his wife after three years. The wife had claimed to leave the farm for a trip, but never returned. There were repeated attempts to save the marriage, but the farmer was unwilling to give up his farm and the wife unwilling to live on a farm. The Court accordingly found the marriage abandoned by the wife. Dickerson v Dickerson (Tex.Civ.App. 1918) 207 S.W. 941, 942.)

In a New York case, a woman of Roman Catholic faith married a Protestant man in a Protestant church. After the birth of a child and three years of marriage, the wife refused to recognize her own marriage or have sex with the husband unless they were remarried in a Catholic service. Diemer v. Diemer (1960) 8 N.Y.2d 206, 208.

The husband successfully brought an action for abandonment. The Court explained [in very 1960s language that would not fly in most states today]:

That a refusal to have marital sexual relations undermines the essential structure of marriage is a proposition basic to this court’s decision in the Mirizio case and as obvious as it is authoritative. Sexual relations between man and woman are given a socially and legally sanctioned status only when they take place in marriage and, in turn, marriage is itself distinguished from all other social relationships by the role sexual intercourse between the parties plays in it. This being so, it may not be doubted that a total and irrevocable negation of what is lawful in marriage and unlawful in every other relationship, of what unmistakably and uniquely characterizes marriage and no other relationship, constitutes abandonment in the eyes of the law.

It is clear, therefore, that the plaintiff now before us is entitled to a separation on the ground of abandonment unless his wife had good legal cause to refuse to have sexual intercourse with him. And, as to that, it is equally clear that she had neither cause nor justification. Although it appears that she acted without malice and was activated by deep-felt and conscientious religious convictions, her motives were not sufficient in law to excuse the abandonment of her marital status. If, as a result of religious scruples, she considers her marriage invalid or non-existent and, on that account, neglects the fulfillment of a primary marital obligation, in fairness and in law her husband must likewise have the power to free himself of its obligations. While our law is not to be “unnecessarily construed in a manner which would be hostile to religion in family life or to any other of those principles of moral, ethical and considerate conduct which ought to govern the marriage relationship”, we may not forget that this State, “as a matter of long-continued policy, * * * has fixed the status of the marriage contract as a civil contract”, governed by civil, not religious, law. ( Mirizio v. Mirizio, 242 N. Y. 74, 83, supra.) It follows as a consequence of the civil nature of the marriage contract that a wife who disavows her marriage and repudiates a fundamental marital function out of deep-felt religious conviction has abandoned her husband just as effectively as one who has done so for base and illegitimate motives.

Diemer, at *210-211, emphasis added.

Could Sana Solo bring a successful divorce for abandonment case against Han, assuming there is a valid marriage? It would appear so in New York, Texas, and Oklahoma.

However, Sana does not seem interested in divorce.

The Crime of Abandonment of Marriage After Seduction

Han Solo could face serious jail time and fines if the Empire has chastity and marriage laws like Oklahoma:

Any person who, under promise of marriage, seduces and has illicit connection with any unmarried female of previous chaste character shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding five (5) years, or by imprisonment in a county jail not exceeding one (1) year, or by a fine not exceeding One Thousand Dollars ($ 1,000.00), or by both such fine and imprisonment.

21 Okl. St. § 1120.

It is a felony in Oklahoma to abandon a marriage after seduction:

Any person charged by information or indictment with the offense of seduction who shall, before the trial of such charge, marry the female whom he was accused of seducing, thereby procuring the dismissal of such charge, and who shall within two (2) years after said marriage, without the fault of his said wife, such fault amounting to acts committed by her after said marriage as would entitle him to a divorce under the laws of this state, shall abandon her or refuse to live with her, or shall be so cruel to her as to compel her to leave him, or shall be guilty of such outrages or cruelties towards her as to make their living together impossible, thereby leaving her or forcing her to leave him, and live apart from each other, shall be guilty of the offense of abandonment after seduction and marriage; and any person convicted of said offense shall be guilty of a felony and shall be confined in the State Penitentiary for a term of not less than two (2) years nor more than ten (10) years; and said marriage shall be no bar to the qualifications of said female to testify against the defendant; and the female so seduced and subsequently married and abandoned as herein provided, shall be a competent witness against said defendant.

21 Okl. St. § 1122.

Substantially more discovery needs to be conducted to see if Han Solo could be prosecuted for marriage after seduction and abandonment. Han must be a scoundrel, but it is unlikely he would seduce a woman, marry her, and then abandon her.

Judge Matthew Sciarrino Explains How Batman Could Testify in Court

Josh Gilliland

August 18, 2015

The Right to Confront Witnesses. Valid Search Warrants. How do confidential informants and undercover police officers testify in Court? These issues are critical to criminal defendants having their rights upheld in Court. How would a Court handle the need for Batman, who is now Jim Gordon since Batman issue 41, testifying in Court so his identity is not made public?

New York State Judge Matthew Sciarrino joined us to discuss how these issues currently play out in Court and how the real world could handle a deputized super-hero who needs to maintain a secret identity.

Dedicated to the inspiring Yvonne Craig and Lenny B. Robinson.

Bat-Jim is the Hero We Deserve

Josh Gilliland

August 11, 2015

The new storyline in Batman where Jim Gordon is now Batman is excellent. Scott Snyder, Greg Capullo, and team are doing a bat-tastic story that is worth your time.

Here is the very short version of events: Batman is presumed dead, so Gotham City has Powers Corp build a Bat-suit so there is a deputized Batman working with the police. A 46-year old Jim Gordon is convinced to take the job.

Commissioner Gordon openly wondered if Batman could have been more effective if he had worked within the system. Moreover, a Batman working within the system could show the citizens of Gotham that the system can work.

If you believe in the administration of justice and that people become police officers to help others, this is the story for you. Gordon’s Batman is deputized, just as Batman was in the 1966 Batman The Movie (except there are no noble porpoises sacrificing themselves to stop a torpedo from killing Batman).

Scott Snyder should be commended on writing a story that incorporates modern technology into the world of comics. Citizens can download the “Bat-App” and let anyone within a 200-foot radius know they need help. This serves as an alert system for the new Batman to respond to those in danger.

Could Gotham have a deputized Batman? Most states have provisions for deputizing private citizens for law enforcement. For example, North Carolina has the following laws for deputizing private citizens:

Private persons may assist law-enforcement officers in effecting arrests and preventing escapes from custody when requested to do so by the officer. When so requested, a private person has the same authority to effect an arrest or prevent escape from custody as the officer making the request. He does not incur civil or criminal liability for an invalid arrest unless he knows the arrest to be invalid. Nothing in this subsection constitutes justification for willful, malicious or criminally negligent conduct by such person which injures or endangers any person or property, nor shall it be construed to excuse or justify the use of unreasonable or excessive force.

N.C. Gen. Stat. § 15A-405.

New York also has provisions for deputizing “special deputies” in an emergency:

For the protection of human life and property during an emergency, the sheriff may deputize orally or in writing such number of additional special deputies as he deems necessary. If he is unable to continue the services of such special deputies without compensation, he may pay the compensation of any such special deputies in such amount as the board of supervisors may determine for each day any such special deputy is actually engaged in assisting him in the performance of his duties, or in assisting any other sheriff who has declared a state of special emergency, pursuant to the provisions of section two hundred nine-f of the general municipal law, with the permission of the sheriff who deputized him.

NY CLS County § 655.

Could the Gotham Police Department deputize someone to be in a 10-foot tall Bat-suit? I think yes. In a world with super-villains, having a deputized super-hero following the law, and working with the police, would provide the state goal of public safety and ensure the Constitution is being followed.

Please Vote For The Legal Geeks for Best Podcast

Josh Gilliland

August 10, 2015

Voting is now open in The Geekie Awards. It is time to vote early and vote often for The Legal Geeks for Best Podcast. We ask for your vote every day for Best Podcast until August 31, 11:59pm PST.

Please help us show the world that lawyers love not just the law, but comic books too. Please go to http://vote2015.thegeekieawards.com/ and cast your vote for The Legal Geeks.

Can The Thing be Charged with Indecent Exposure?

Josh Gilliland

August 8, 2015

The Thing is naked in the new Fantastic Four movie. Heck, even San Francisco has an ordinance against public nudity. What happened here?

I fondly remember John Byrne’s run on Fantastic Four with excellent adventures across space and time. Since the earliest days of the comic, the cover declared, “The World’s Greatest Comic Magazine.” The reviews of the new movie do not honor the comic characters so many love.

Ben Grimm being naked in no way lives up to the comic brought to life by Jack Kirby. Parents potentially have to explain to kids where is The Thing’s “thing.” The FF deserve a Netflix series where they take on the Mole Man with an army of monsters and advance technology; or the Sub-Mariner declaring war on the surface for pollution; or Rama-Tut/Kang seeking to conquer time. Hopefully Marvel can get the rights back and give the world the Fantastic Four it deserves.

Fanboy rage aside, could The Thing be charged with indecent exposure for being naked (assuming a war-hero pilot from New York would suddenly become a nudist Ken-doll-like super-hero)?

New York defines public lewdness as when someone “intentionally exposes the private or intimate parts of his body in a lewd manner or commits any other lewd act (a) in a public place, or (b) in private premises under circumstances in which he may readily be observed from either a public place or from other private premises, and with intent that he be so observed.” NY CLS Penal § 245.00

New York defines exposure when a person “appears in a public place in such a manner that the private or intimate parts of his body are unclothed or exposed.” NY CLS Penal § 245.01. New York law has an exception for exposure, which states, “Nothing in this section shall prevent the adoption by a city, town or village of a local law prohibiting exposure of a person as herein defined in a public place, at any time, whether or not such person is entertaining or performing in a play, exhibition, show or entertainment.” Id.

If Ben Grimm were charged with either public lewdness or exposure, a defense attorney could argue that the law does not apply to Ben Grimm as The Thing, because Grimm no longer has a human body with “intimate parts.” A prosecutor might counter that Grimm is still a human being, protected by the Constitution, Federal, and state law; therefore, Grimm has to also follow the law.

Just as Ben Grimm’s older brother would never abuse him, Ben would never give up his claims on his humanity in order to escape criminal prosecution. Comic stories over the last 35 years had The Thing travel in time and give his past self an antidote to the Cosmic Rays in an alternative timeline to regain his humanity. Moreover, Ben Grimm stayed on the first Secret Wars world where he could change back into a human body. If you have not read those stories, be sure to check them out.

The Thing simply walking around in public would also not be lewd by itself, which would demonstrate that a core element of the law was not broken. However, exposure would be harder to challenge, because Grimm is entering public places “in such a manner that the private or intimate parts of his body are unclothed or exposed.” As such, The Thing would be violating the plain text of the statute.

The best way for a man turned into a rock monster to not be charged with exposure is to AT LEAST wear blue shorts. Pants and boots would also be great. A shirt would also ensure Ben Grimm would be served at most restaurants (assuming their seating could support his weight).

Ant-Man’s Giant Sized Legal Issues

Josh Gilliland

August 7, 2015

Jess and I both loved Marvel’s Ant-Man. We discussed all things Ant-Man on our podcast, from comic history to the many faces of Hank Pym.

We also explored the number of crimes Scott Lang committed and how many years could he have served in prison. After all, Scott’s time San Quentin could not have exceed Cassie Lang’s life.

We entered the micro-verse on whether vigilantes could legally fight arms dealers selling to international terrorists, and course, whether Cassie Lang could have a giant ant as a pet.

The Legal Implications of Performance Enhancing Drug Use in eSports

Roger Quiles

August 3, 2015

Performance enhancing drug (“PED”) use in eSports has long been an issue whispered about within the eSports community. These PEDs are not steroids and human growth hormone as we know from other sports, but are instead prescription drugs known as psychostimulants or neuroenhancers.

These kinds of drugs (Adderall, Ritalin, Selegiline, etc.) are abused by players as a means of enhancing focus, calmness, or to otherwise act as a stimulant.

However, due to the lack of drug testing by professional eSports leagues and tournament bodies, there have been very few instances of confirmed PED use during matches. Unfortunately, there is now an example of such drug use.

On July 12, 2015, a Youtube video was posted where professional Counter Strike: Global Offensive player Kory “Semphis” Friesen asserted during an interview that he and his team took Adderall during a major tournament hosted by ESL, the world’s largest and oldest eSports tournament provider. The relevant portion of the interview is as follows:

Friesen: “The ESL [team communications] were kinda funny in my opinion. I don’t even care, we were all on Adderall [laughs]”
Interviewer: “Really? [laughs]”
Friesen: “I don’t even give a fuck, like its pretty obvious if you listen to the [team communications]. I don’t know, people can hate it or whatever.”
Interviewer: “Everyone does Adderall at ESEA Lan right?”
Friesen: “Yea”
Interviewer: “Just throwing that out there for the fans, that’s how ya get good

In addition to the disappointing language encouraging others to violate tournament rules and abuse prescription medications, such PED use can impact the player and team’s contractual relationships.

Many contracts, especially sponsorship agreements, contain morals clauses. This type of clause allows a contracted party the opportunity to cancel their remaining obligations under the contract should the other party act in a way that is harmful or damaging to its own brand. The reasoning behind such a clause is that by cancelling the contract, a party can protect themselves from being associated with the brand damage caused by the other party. In the sponsorship context, this allows a sponsor to exit a sponsorship should the sponsee player or team be engaged in a scandal or otherwise illicit activity.

Although there has not been a reported contractual exodus in this matter like when Lance Armstrong was found to have been using PEDs, the use of PEDs in eSports can trigger a contract’s morals clause in the following ways:

The player does not have a prescription for said neuroenhancer, which is likely a criminal offense
The player illegally obtains a prescription, which is criminal
The player legally obtains a prescription which the athlete uses illicitly
The player legally obtains a prescription and distributes the PEDs to others, which is criminal

It is unknown whether or not Friesen and his team obtained the Adderall licitly and for a valid medical purpose. However, in the event that the individuals obtained the substance for an illicit purpose such as those described above, that action would likely be enough to satisfy a morals clause. Importantly, a morals clause can also be placed in a player-team contract, thus putting the players’ livelihood at stake should they utilize PEDs.

Additionally, the team itself could face legal backlash over its players’ PED use from sponsors, as sponsorship agreements routinely contain morals clauses. Depending on how the morals clause is drafted in the team’s sponsorship agreements, the actions of all players (or even a substantial number of them) may be sufficient to trigger the morals clause and permit the sponsor to cancel the sponsorship agreement. As Friesen’s admission has caught the attention of many people in the eSports industry at large, time will tell if there is any sponsor backlash.

Although sponsors have yet to take action, the ESL has already begun to establish an anti-doping program in the wake of Friesen’s statements. The tournament organizer announced a partnership with the Nationale Anti Doping Agentur and the World Anti Doping Agency to help create an anti-PED policy and to implement and enforce said policy. However, unlike professional sports where such policies are collectively bargained between the leagues and the players unions, the ESL policies are being imposed upon the players as they are not unionized. The lack of player input raises the potential for serious players’ rights violations. Although little information has been shared publically about what ESL’s policies will entail, enforcement is to begin at the ESL One Cologne tournament this month. At the very least, one tournament provider is taking steps towards eliminating PED use in eSports.

Time will tell if ESL’s anti-doping program has an effect on eliminating, or limiting, the use of PEDs in the eSports industry while still respecting players’ rights. However, in order to more substantially limit the use the PEDs in the industry, other tournament providers will also have to implement anti-doping policies and procedures. Regardless of the policies in place, teams should keep in mind that any PED use can impact the sponsorships that they have worked hard to obtain, and thus discourage any PED use by its players. No team or player would want to lose their contracts because a morals clause was triggered in an effort to gain a competitive advantage. Even worse, potential sponsors or teams may be hesitant to sponsor or employ a player and/or their team due to past PED use. Statements referring to taking Adderall as how you “get good” are not only irresponsible for encouraging activities that may cost players and their teams contracts, but also because they effectively encourage criminal behavior.

(Photo used under Creative Commons from chrisjtse)

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