Criminal charges from airsoft gun sale may continue in Indiana

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Charges of theft, counterfeiting and corrupt business influence against Houston-based defendants as a result of the sale of airsoft guns in Indiana can proceed in this state, the Supreme Court ruled Thursday.

In An-Hung Yao and Yu-Ting Lin v. State of Indiana, 35S02-1112-CR-704, the justices affirmed the trial court denial of An-Hung Yao and Yu-Ting Lin’s motions to dismiss the charging informations on jurisdictional grounds and the denial of their motions to dismiss the charging informations alleging three counts each of Class D felonies theft and corrupt business influence. The justices reversed the trial court’s grant of the defendant’s motion to dismiss the charging informations alleging one count each of Class C felony counterfeiting.

Lin operates Generation Guns from Houston, Texas. The company imports from Taiwan and sells in the U.S. “airsoft guns,” toy replicas that look like real guns but shoot lightweight plastic pellets. An-Hug Yao, vice-president of a Houston bank and friend of Lin’s, helped her set up systems for her business and attended trade shows with her. Heckler & Koch Inc. ordered airsoft guns from Lin’s company and had them shipped to Huntington County, Ind. The toys delivered were replicas of guns made by H&K.

On interlocutory appeal, the Court of Appeals concluded that all charges should be dismissed because the trial court lacked territorial jurisdiction.

Justice Robert Rucker wrote that the court couldn’t conclude as a matter of law the defendants engaged in no conduct nor effected any result in Indiana that was an element of either the theft or counterfeiting charge. If the state can’t prove beyond a reasonable doubt that Lin and Yao engaged in Indiana in any one or more of the forms of exerting control over the property of H&K, then the defendants would be entitled to acquittal or judgment on the evidence.

The justices rejected the defendants’ claim that their airsoft guns can’t constitute a written instrument under the counterfeiting statute because the guns don’t contain any “written matter.” The high court adopted the state’s view of the statute that defines “written instrument” more broadly, which could include an object or symbol of value, right, privilege or identification, even if the object or symbol doesn’t contain writings or markings.

Lin and Yao also argued that it’s not “theoretically possible” to “exert unauthorized control” over a third-party’s trademark right. They also want this case resolved under civil trademark infringement law, not criminal law.

But whether a theft prosecution is the “wrong tool for the job” when it comes to defining intellectual property interests, that is not the justices’ jobs, Rucker wrote. “Rather, our job is to apply the Indiana criminal statutes as drafted by the Legislature. And under those statutes, the questions in this case include whether the Defendants, did beyond a reasonable doubt: 1) knowingly or intentionally; 2) obtain, take, carry, sell, convey, encumber, or possess property, or secure, transfer, or extend a right to property; 3) which property belonged to H & K; 4) without H & K’s consent; 5) with intent to deprive H & K of any part of the property’s value or use? And these are all questions of fact that cannot be determined on a motion to dismiss.”



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...