- Thanks to Deep Sentinel for keeping Legal Eagle safe and sound. Get 15% off the only security system that stops crime before it
happens with the link below. So, let's move on to something that is a little bit more
fun and lighthearted. Murder! (drum music)
(gunshot) (rock music) (glass breaks) Welcome back to "Laws Broken", where an attorney destroys
your favorite movies by showing you how illegal everything is because everything is illegal. Who doesn't love "Indiana Jones", the story of a
swashbuckling hero professor who saves the world from Nazi megalomania, and wins the heart of his fair maiden. Yes, I'm talking about
1981's box office smash, "Indiana Jones and the
Raiders of the Lost Ark". You probably remember this as wholesome family entertainment, where a professor who happens
to be good with a whip saves the world from the worst villains on the planet, Nazis. The movie seems to have it all. Indiana Jones outwitting bad
guys and sporting a cool hat, an arrogant French batty
who gets his comeuppance and a spirited heroine who falls in love with the man who saves her life. Well, I hate to break it to you, but Indiana Jones isn't
exactly a humble archeologist. This is a movie where the
hero travels the world looting graves and
temples, stealing artifacts and permanently destroying
precious historical sites. You know, kind of like the Taliban. He admits to serious
crimes against the woman that he's supposed to be in love with and the movie also has an
absurdly high body count. And despite all of the
property destruction, grave robbing, murder,
kidnapping and rape, this movie inspired several
Disney park attractions, so come for a crazy ride with me as we discover the dark
side of Indiana Jones and all the laws broken. - Didn't you guys ever
go to Sunday School? - So let's start with the grave robbing. If you thought it didn't seem right that Indiana Jones was
stealing precious artifacts and bringing them home
to the United States and pillaging The Hovitos,
well, you might be right. Indiana Jones is an archeologist
who purports to save things to put them in a museum, but is he allowed to steal artifacts from foreign countries and graves to fill the Chicago Museum? No? Yes? Well, maybe. Jones may say he wants rare artifacts to be placed in a museum,
but later in his apartment, we see a number of artifacts that he probably didn't
buy from HomeGoods. So what's the real story on people who find, buy, and sell artifacts? Well, treasure hunters, antique dealers, and even museums get busted all the time for selling, or transferring or transporting stolen artifacts. And now, for the part
you've been waiting for, is Indiana Jones a
grave robbing profiteer? Well, antiques trading
can be perfectly legal or totally illegal depending on where the artifacts are found and how they are sold. As long as the person follows
the laws of the country of origin regarding excavation, transport and sale of archeological artifacts, the trade is generally legal. However, there's also a
billion dollar black market for ancient antique objects. There's no one international law that all nations must follow. Instead, the artifacts
are protected by treaties like the Hague Convention
for the Protection of Cultural Property in the
Event of Armed Conflict. This is a treaty ratified by
132 countries that protects cultural property during
wars and armed conflicts. There's also the Rome Statute establishing the International Criminal Court, which makes it a war crime to deliberately target religious, educational, artistic, or scientific properties for
destruction or defacement. The UNESCO Convention on
the Means of Prohibiting and Preventing the Elicit
Import, Export and Transfer of Ownership of Cultural
Property is meant to stop the circulation of stolen items, and this convention gives member nations the right to recover stolen
or illegally exported antiquities from member countries. Currently, 140 countries are
parties to this convention, including Egypt, Nepal, Greece and all of the South American countries that Indian Jones may have visited. The United States ratified
the UNESCO Convention and implemented it with the Convention on Cultural Property
Implementation Act, or CIPA. CIPA applies if the objects are actually cultural artifacts or they
are stolen or exported. CIPA includes a safe harbor
provision that allows for the import of cultural
artifacts to the United States if the importer can provide
an export certificate from the foreign country and the safe harbor provision also applies if the importer can produce
satisfactory evidence that the material was either
exported prior to the date the import restrictions were
published in the federal register or exported from
the foreign country at least 10 years prior to the date of
entry into the United States. Now, I can hear the
internet comments already. There was no CIPA when
Indiana Jones museumed the stuff from the South American temple, but it's worth noting that
this movie is set in the 1930s, which was kind of a big
news decade in case you were wondering and haven't
opened a history book. The Nazis really did loot and plunder priceless works of art, antique objects and property
of people they murdered and these events actually
were the impetus for the international treaties that
would one day stop Indiana Jones from taking home souvenirs
from his archeological digs, or at least force him to produce a permit or satisfactory evidence showing that he came by the objects legally. Lawyers, always making
people do more paperwork. In America, there is another important law in this particular case, the National Stolen Property Act, or NSPA, which makes it a felony to
knowingly possess, conceal, sell or dispose of any goods
of the value of $5,000 or more, which have crossed a state or US boundary after being stolen. The federal government is more likely to use this law than CIPA
when someone makes a claim that an American illegally
acquired foreign antiquities. And under the NSPA, the word stolen takes
on a different meaning than what we're used
to in general parlous. Generally, when something
is removed from a person or a business or
institution, that's theft, but under the NSPA, an object
doesn't have to be actually taken from a person or business. Stolen can also mean removed
from an abandoned place, like a temple or a grave
or historical site, that nobody officially owns. So it's illegal under the
NSPA to take something from a foreign country
without explicit permission from its current government, or taking something with
permission of a colonial or occupying force rather than from the country's current legitimate government. So, Indiana Jones could try
to defend his theft by arguing that nobody actually
owned the golden idol. However, the NSPA also
applies when a government simply declares an artifact stolen. This is usually enough in
situations where it seems like no one actually owns the
artifact in question. And when Jones took the
golden idol away from a temple in the deep jungle of South America, let's just say it was from Brazil, it was only a crime if
Brazil had passed a law or otherwise declared it a
state-owned cultural object. If a foreign government doesn't make an ownership declaration, then some American courts
reason that prosecuting people in the US for illegally
exporting artifacts from foreign nations would simply
amount to the United States and forcing the other
nation's laws for them. Now, Indiana Jones isn't
the only one engaging in some suspicious activity here. There's also the treachery of Belloq, but stealing the idol from
Dr. Jones in the first place brings up another question, could Belloq get in trouble for stealing the golden idol from Indy? - Dr. Jones. Again, we see there is
nothing you can possess which I cannot take away. - Well, in most jurisdictions, if a person accepts possession
of goods or property and knew that they were
stolen, this is a crime. We don't want people claiming
that they didn't know the thing was stolen in the first place and just getting away with
selling clearly stolen property. And for the sake of this exploration, let's assume that Belloq
sets up a shop in the US with the idol that he took from Dr. Jones. In the United States,
receipt of stolen property is a federal crime under 18 U.S.C 2315, defined as knowingly
receiving, concealing, or disposing of stolen property with a value of at least $5,000
that also constitutes interstate commerce. If Belloq intended to move
the idol across state lines, he could be prosecuted
for receipt of possession of stolen property. He'd also be subject to
prosecution under the NSPA. Of course, receiving and
selling stolen property is usually a state law crime, so Belloq would certainly be guilty of all of the state law crimes as well. - I'm a shadowy reflection of you. Will take only a nudge
to make you like me, to push you out of the light. - And anyone who received
the idol from Belloq would also be guilty. As law students learn
from their property and criminal law courses, a thief can't pass good
title to stolen objects, and a stolen object retains
its stolen status forever no matter when the thief
happens to have taken the object or how many different people
held onto that object. This actually happens with
some frequency in the art world and for all of you budding
art collectors out there, an object status is
stolen also doesn't change if someone buys it in good
faith down the line without knowledge that it was
stolen many owners ago. Many disappointed art
collectors and museums have been forced to return objects
that they thought they had purchased from a reputable source. Hobby Lobby recently had
to return thousands of Middle Eastern artifacts because they had been wrongfully acquired. This is why Jones' ultimate
motive for removing the items doesn't really matter. So, Jones went to South
American and entered the sanctuary of a temple and
removed the golden idol. Did he have a permit for that expedition? It doesn't look like it, and that means he didn't have
the permission of whoever owned the site or whatever
government is in power. And although this particular expedition probably isn't a war crime, it's still serious enough
that Jones is guilty of violating the UNESCO
Convention as well as CIPA. He's also in big trouble for
removing objects from all over the world and bringing
them back to the US, even if some of the sites were abandoned, like the sanctuary in
the opening sequence, probably doesn't matter and
Jones could expect to be prosecuted as a repeat
offender under the NSPA. And although Jones seals
the Ark of the Covenant, it's unclear whether the US
government would prosecute him for the theft under CIPA or the NSPA, but I have been informed that
the US government has top men working on this investigation. - Top men? - Top men. So, that's your general history lesson. Now, let's move on to
interpersonal communications. Generally in American cinema, we don't like our protagonist engaging in questionable sexual behavior. We're not the French, but here's a scene you
probably don't remember seeing the first time around. Recall that Jones has an
affair with Marion Ravenwood, his professor's daughter. Seems normal. - I learned to hate you
in the last 10 years. - I never meant to hurt you. - I was a child! I was in love! It was wrong, and you knew it! - Yikes. - I did what I did. You don't have to be happy about it, but maybe we could help
each other out now. - Double yikes. Did Indiana Jones just admit
to the fact of statutory rape, but then say he was tired of saying sorry, then he needed a $3,000 gold medallion? Well, here's the context, and I'm not sure that that
actually makes it any better. The "Raiders of the Lost Ark" screenplay was pretty clear about Marion's age. It says she was about 25 years
old when the movie begins. Marion was the daughter of
Jones' mentor, Abner Ravenwood. Jones said he hadn't spoken
to Marion for 10 years, which means that 10 years
ago, they had a relationship. Here's the problem. If Marion was 25 during the film, then she was with Jones 10 years earlier when she was just 15 years old. And since that description is offscreen, we could maybe guesstimate that Lucas, Spielberg and screenwriter
Lawrence Kasdan were not thinking that precisely about Marion's age and hadn't gone to all the trouble of subtracting 10 from 25 and getting 15, but we would probably be wrong. A few years ago, a transcript of a
discussion between Lucas, Spielberg and Kasdan made the rounds. The three men talked about Marion's age and her involvement with Jones. They decided that she had
to be under the age of 16 when she was with Jones, so yes, they knew what they were doing. And onscreen, Marion says she was a child and Jones doesn't deny that it happened. He even tells her that
she needs to get over it. - I did what I did. You don't have to be happy about it, but maybe we can help each other out now. - #MeToo. Now, this is not a laughing matter. Statutory rape is a crime that
involves sexual contact with a person who is under
the age specified by law, commonly referred to
as the age of consent. The age of consent differs
from state to state and so does the name of the crime. And most states no longer
refer to this crime as statutory rape, instead, using terms such as sexual
intercourse with a minor, sexual assault of a child, or criminal sexual
penetration of a minor child under a certain age. Now, statutory rape in general
is based on the notion that a person under a certain
age cannot consent to sexual contact or activity because he or she lacks the maturity or judgment necessary to make a knowing
choice about sexual activity, and statutory rape is one of the rare, strict liability criminal
offenses out there. That means that the mental
state of the offender isn't really relevant. If the sexual contact happened, the defendant has no defense
because the victim is deemed too young to have been
capable of consenting. That means that even if
the defendant honestly and reasonably believed that
the minor was old enough to give legal consent, they are
still guilty of the offense. And that's not even the
situation we have in this film. Here, Indiana Jones was
mentored by Marion's father and he knew her when she was growing up. He agrees that yes, he had a relationship with her when she was a minor and knew it. - I never meant to hurt you. - It was wrong, and you knew it! - And for jurisdictional purposes, let's assume that this
happened in Illinois, where Jones was living when he was at the University of Chicago. If Marion was 15 at the
time she was with Indy, then he would be in big trouble regardless of whether she was in love or he thought she could consent. And Jones could also be prosecuted for aggravated criminal sexual abuse because he was in a position of trust, authority or supervision over Marion. Remember, he was a teaching
assistant to her father and may be considered someone who
was in a position of trust. So the conclusion is that Jones
is guilty of second degree sexual assault because
she was 15 years old when he had a relationship with her and he was more than five
years older than she was. Indiana Jones doesn't
really have a defense and can expect a minimum jail term of three to seven years in prison, a fine of up to $25,000, or both. He'd also have to register
as a sex offender. So, how are we feeling
about the good old days of family friendly entertainment now? Yikes. So, let's move on to
something that is a little bit more fun and lighthearted. Murder! You may recall that Indiana
Jones is being chased through the streets of Cairo by a bunch of goons when he hits a dead end and there, he finds a man with a sword. After the man impressively
demonstrates how he would cut Jones up, Indiana Jones pulls out a
gun and shoots the man dead. This scene was not brought
to you by Smith and Wesson. The original scene was supposed
to be an epic sword fight that would take three days
to film, but at the time, Ford kept running into a stomach bug. He asked Steven Spielberg if he could just, quote,
"Shoot the son of a (bleep)." Indiana Jones, brought
to you by dysentery. (drum music)
(gunshot) But what about his foe in this movie? Was Jones justified in shooting this man? Was it murder or could he
shoot this SOB in self-defense? Well, American law generally
has different rules for the use of deadly
force in self-defense than use of nondeadly
force in self-defense. And generally, you can use
nondeadly force to defend yourself against any unlawful
attack and also to defend your property against theft or unlawful damage. Now, it varies slightly state by state, but when you're defending
yourself from nondeadly force, you can only use the
amount of force necessary to fend off the attacker, and you should also probably
retreat, if possible. Now, traditionally, you
could use deadly force to defend yourself only if you were being threatened with death,
serious bodily injury, rape or kidnapping. So, imagine that someone
takes a swing at you outside of a bar. They miss, but they're
mad and you know it. What can you do? You can meet their violence
only with the amount of force necessary to fend off the attacker. Therefore, you can punch the person to prevent them from hitting you, but you can't pull out a
gun and shoot the puncher because in this hypothetical, you didn't reasonably fear for your life just because someone wanted to fight you. You could also leave the
scene and flee entirely. However, things get more complicated when the person threatening
you is brandishing objects that could inflict more damage than a fist. Can you shoot someone
for brandishing a sword? During the 1930s when
this movie took place, if you were outside of your home and were approached by an aggressor,
you could only use deadly force if someone attacked you with deadly force. A famous treatise on criminal
law states that quote, "Merely to threaten death
or serious bodily harm, without any intention
to carry out the threat, is not to use deadly force, so that one may be justified
in pointing a gun at his attacker when he would not be justified pulling the trigger." Following these principles, a guy could brandish that
sword without triggering Jones' right to use deadly force, and many state courts have
held that a defendant's mere display of a knife during a
fight while implying the threat of violence does not
constitute deadly force. The prosecution would argue
that Jones just stood there, which shows that there
was plenty of time for him to run or even walk away, but Indiana Jones' lawyers
would obviously say that there was nowhere for him to
run since he had already been attacked by people in the market and was surrounded by bad guys. In modern law, there's a trend
to give people greater rights to use deadly force because America. But many state laws say that a
person must have a reasonable belief of imminent death or injury and the inability to retreat in safety in order to use lethal force. And then there are the so-called
stand your ground laws, which give people the right to
use deadly force in any place where they have a legal right to be as long as they reasonably feared serious bodily harm or death, they don't have the duty to retreat. US states are pretty evenly split between stand your ground laws
and duty to retreat laws. Now, it's possible that Indiana
Jones would have a good case for self-defense under
these modern, flexible, deadly force laws, but the biggest problem
is that Jones doesn't even try to get away. Indiana Jones would have to
prove that he's in distress, in fear of his life and he has no choice but to shoot his way out of a jam. However, that's a hard argument
to make when he's literally just standing there
looking pretty relaxed, given the situation. And there's also a lot of
witnesses who don't exactly look like they'd be favorable to his defense. So, the conclusion here is
that Jones is probably guilty of some variety of murder here. Since this wasn't a premeditated crime, he could be convicted
of second degree murder, which is typically defined
as a murder that is not premeditated or murder that
is caused by the offender's reckless conduct that displays an obvious lack of concern for human life. The penalty for second degree
murder in most jurisdictions is about 10 years to life. Now, before we tally up all the
crimes against Indiana Jones and see how long he's going to jail, let's talk about the dishonorable mentions of all of the other crimes
that were committed. (amusing trumpet music) Indiana Jones is not the only one who's up to no good in this movie, and the cartoonish violence
includes a lot of carnage. There are of course lots
of bad guy crimes by people who work for the Nazis. In Nepal, they burned down
Marion's bar during a gunfight that they started. This is arson. They're also guilty of
murder and attempted murder many times over. The baddies did a lot
of criming during the market scene in Egypt. Look at all the unprovoked
battery offenses with punches and various
weapons, and again, attempted murders. Here, they're kidnapping
Marion inside of a basket. - [Marion] You can't do this to me! I'm an American! - And here, Indy avoids
just being stabbed. This wasn't attempted murder
since the guy had a long knife and wanted to kill Dr. Jones. Under US law, when Indy
moves away at the last second and the guy stabbed someone
else to death by accident, he can still be charged
with felony murder. Indiana Jones pushing
and shoving people and opening their baskets
forcefully constitutes assault and battery and
trespass to chattels. And of course, there's no exception because
he's looking for Marion. Some random beggars robbed
Indiana Jones while he was hiding around the corner. Indiana Jones shoots up a
vehicle he thinks Marion is in. It catches fire and everybody dies. Whoopsie. - Whoopsie. - Bare chested Nazi commits
some very poorly choreographed batteries against Indiana
Jones and then dies in a way that might be negligent homicide. While driving a truck, Indiana Jones takes out some
Bedouins building a house on the side of the road. At the very least, negligent homicide. During the chase scene, Jones has to throw a
lot of guys off a truck. Let's declare this
self-defense, so take one away. A German U-boat intercepts
Indiana Jones' boat to steal back the ark and kidnap Marion. Now, luckily for you, I'm not going to go off the
deep end about maritime law, but boarding a foreign
flagged vessel constitutes interference with the
normal freedom of navigation and lawful passage in accordance
with the law of the sea. And finally, this monkey sells
out Marion to the bad guys, clearly committing a
conspiracy to kidnap Marion, but monkeys can't be convicted of crimes. Then of course, there's
Belloq who gets his hands very dirty, who is but
a shadowy reflection of Indiana Jones who commits
multiple crimes against Marion, including kidnapping, false imprisonment, assault, battery and
threatened with attempted rape. For statutory rape, he's probably looking at at
least three years in prison. Belloq locks Jones in a tomb. This is both false
imprisonment and kidnapping. And Belloq tries to kill Jones at least 10 times in this movie, which is 10 counts of
either attempted murder or conspiracy to commit murder. Just because he's not getting his hands actually dirty with the murder itself doesn't absolve him of these crimes. And of course, many of these attempted murders
are clearly premeditated, which would mean premeditated
first degree murder. Belloq is also guilty of the
same antiquities violations as Dr. Jones, and not for nothing. Belloq did try to commit genocide
against the entire planet by arming the Nazis with
the Ark of the Covenant. But now, let's tally up the crimes against Dr. Henry Jones Jr., AKA Indiana Jones. (rock music) For the antiquities violations, Jones is likely to get at
least one year in prison for violating the NSPS, a
$10,000 fine and of course, returning all of the
artifacts that he stole back to their original country of origin. For statutory rape, he's probably looking at at
least three years in prison. For all of the murders that
Indiana Jones committed, assuming that self-defense does not apply, and that's probably a
coin flip depending on the jurisdiction, he'd probably get about 10 years in jail for the guy with a sword, 50 years in jail for the people killed when he blew up the truck and about 20 years in jail
for negligent homicide when he drove the truck into some people on the side of the road, for a total of about 84 years in prison. Dr. Indiana Jones, you belong in a museum. - It belongs in a museum! - And by museum, I mean jail. But the thing is, if Indiana
Jones comes for your artifacts, you'd better have a good
security system to stop him, and Deep Sentinel is just that. While most security
systems would simply record Indy breaking into your home
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stop it because it's the only security system that
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didn't enter your code in time and I actually got fined hundreds
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called me to summarize what's going on in front of my house and let me know that they're actively watching the situation. It's the kind of dynamic response that only a human can provide. And Deep Sentinel responds in seconds when traditional alarm systems
would take half an hour, if they responded at all. And smart cameras, which
are actually pretty dumb, will just give you a video of
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really helps out this channel. So, do you agree with my verdict for Indy? Should Indy go to jail for longer? Leave your objections in the comments and check out this playlist over here with all of my other laws broken videos like "Home Alone" and "Willy Wonka". It's all there. So just click on this playlist
and I'll see you in court.
