In other words, if you were to video-tape a cop beating up a random pedestrian for the heck of it, and were wearing body armor at the time, you would be facing 14 years in prison.
That's complete nonsense. Body armor is completely legal. Next question.
Um, no, actually it's not.
As I said, if you were to videotape a cop beating up a random pedestrian, you would be committing a class B felony (RSA570-A). If you were wearing body armor while doing so, you would be subject to a separate class B felony charge, time to be to served consecutively with your time from the 570-A violation (RSA650-B).
For a total time of 14 years, if you got the maximum sentence on each charge.
You don't exactly have to be committing a murder, or even doing anything remotely immoral, to trigger that particular law.
And it is
not a sentencing enhancement. It is a separate statute. They do not have to be able to convict you of the original felony, to convict you under 650-B.
For example, let's say that you were stopped and searched for some legally-allowable reason, and they found that you were carrying a quantity of "amateur pharmaceuticals," and wearing armor. Let's further imagine that sometime prior to trial, they corrupt the drug case, and the judge throws it out. Since the original felonious action (carrying certain drugs) can be proven (pursuant to a lawful search), you can still be charged and convicted under 650-B, even though the original case was thrown out.
A sentencing enhancement just adds a penalty if you are convicted. For example:
637:11 Penalties. –
I. Theft constitutes a class A felony if:
(a) The value of the property or services exceeds $1,000, or
(b) The property stolen is a firearm, or
(c) The actor is armed with a deadly weapon at the time of the theft, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g.
II. Theft constitutes a class B felony if:
(a) The value of the property or services is more than $500 but not more than $1000, or
(b) The actor has been twice before convicted of theft of property or services, as a felony or class A misdemeanor, or
(c) The theft constitutes a violation of RSA 637:5, II(a) or (b), or
(d) The property or services stolen are from 3 separate business establishments within a 72-hour period.
III. Theft constitutes a misdemeanor if the value of the property or services does not exceed $500.
Notice that stealing a firearm is a class A felony, due to the nature of the property that was stolen. That's a sentencing enhancement. You have to be convicted of the actual theft, for the enhancement to take effect. The same is not in any way true of 650-B - you can be convicted on that charge, regardless of whether you were convicted of the original felony.
Joe
[/quote]
Holy crap...
OK...It is NOT illegal to JUST wear body armor...say you are petting kittens at a pet store...committing NO crimes and you have body armor on...that is LEGAL...if you are committing a FELONY and wearing BODY ARMOR it is an E N H A N C E D P E N A L T Y. The act of actually wearing body armor is not illegal
