# What would the charges be..?\[phony bank stick-up\]

**URL:** <https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510>\
**Category:** In My Humble Opinion\
**Created:** [June 24, 2014, 3:36am UTC](https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510 "2014-06-24T03:36:47Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![HelloKindWorld](https://avatars.discourse-cdn.com/v4/letter/h/e79b87/32.png) [@HelloKindWorld](https://boards.straightdope.com/u/HelloKindWorld)\
**Post date:** [June 24, 2014, 3:36am UTC](https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510/1 "2014-06-24T03:36:47Z")

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Say I got a band together, and busted into a bank with them playing the song “Breaking the Law” in a faux stick-up, essentially re-enacting the music video by Judas Priest. I’m almost certain it would end in arrest, but what charges would be filed against us?

… Don’t worry by the way, I’m not actually going to do this… just curious.

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [June 24, 2014, 3:45am UTC](https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510/2 "2014-06-24T03:45:31Z")

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Probably some combination of Disorderly Conduct and Public Menacing.

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [June 24, 2014, 3:50am UTC](https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510/3 "2014-06-24T03:50:16Z")

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Since I expect there is little case law on this, let’s move it to IMHO. Title edited to give a better idea of subject.

Colibri  
General Questions Moderator

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**Author:** ![HelloKindWorld](https://avatars.discourse-cdn.com/v4/letter/h/e79b87/32.png) [@HelloKindWorld](https://boards.straightdope.com/u/HelloKindWorld)\
**Post date:** [June 24, 2014, 3:59am UTC](https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510/4 "2014-06-24T03:59:34Z")

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> [@Little\_Nemo](#):
>
> Probably some combination of Disorderly Conduct and Public Menacing.

I definitely figured disorderly conduct… never heard of public menacing, though. Any other likely charges?

> [@Colibri](#):
>
> Since I expect there is little case law on this, let’s move it to IMHO. Title edited to give a better idea of subject.
> 
> Colibri  
> General Questions Moderator

Ah, sorry about that… the thought hit me after I posted. Thanks.

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**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\
**Post date:** [June 24, 2014, 4:07am UTC](https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510/5 "2014-06-24T04:07:43Z")

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If the cops show up before you can make a clean getaway, they might, you know, shoot first and ask questions later.

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**Author:** ![buddha\_david](https://avatars.discourse-cdn.com/v4/letter/b/ee7513/32.png) [@buddha\_david](https://boards.straightdope.com/u/buddha_david)\
**Post date:** [June 24, 2014, 4:12am UTC](https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510/6 "2014-06-24T04:12:35Z")

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How do you plan to “pretend” to rob an unsuspecting bank without, you know, actually robbing the bank?

> [@Senegoid](#):
>
> If the cops show up before you can make a clean getaway, they might, you know, shoot first and ask questions later.

Also, this.

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**Author:** ![HelloKindWorld](https://avatars.discourse-cdn.com/v4/letter/h/e79b87/32.png) [@HelloKindWorld](https://boards.straightdope.com/u/HelloKindWorld)\
**Post date:** [June 24, 2014, 4:17am UTC](https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510/7 "2014-06-24T04:17:37Z")

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> [@Senegoid](#):
>
> If the cops show up before you can make a clean getaway, they might, you know, shoot first and ask questions later.

Now that you mention it, I think it would be very plausible that you could get shot by a security guard on-site before he identifies what you’re holding as a guitar… just hearing loud noise and seeing a bunch of people bust through the front… but I can’t see a police officer arriving, and then shooting… as they would have time to identify it as a very strange, unwanted musical performance. At least that’s what I think… could be wrong.

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**Author:** ![HelloKindWorld](https://avatars.discourse-cdn.com/v4/letter/h/e79b87/32.png) [@HelloKindWorld](https://boards.straightdope.com/u/HelloKindWorld)\
**Post date:** [June 24, 2014, 4:27am UTC](https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510/8 "2014-06-24T04:27:09Z")

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> [@buddha\_david](#):
>
> How do you plan to “pretend” to rob an unsuspecting bank without, you know, actually robbing the bank?

Well, the main part that the “faux stick-up” comes from is the way that they are holding the guitars. There would be no requests of money or anything… just the performance of the song while “pretending” the guitars are guns, like in the music video. The whole part about going into the back and retrieving a record would not be present in this scenario… should have been more clear about that.

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**Author:** ![chiroptera](https://avatars.discourse-cdn.com/v4/letter/c/df705f/32.png) [@chiroptera](https://boards.straightdope.com/u/chiroptera)\
**Post date:** [June 24, 2014, 5:00am UTC](https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510/9 "2014-06-24T05:00:58Z")

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> [@HelloKindWorld](#):
>
> Well, the main part that the “faux stick-up” comes from is the way that they are holding the guitars. There would be no requests of money or anything… just the performance of the song while “pretending” the guitars are guns, like in the music video. The whole part about going into the back and retrieving a record would not be present in this scenario… should have been more clear about that.

Wouldn’t you need a license or permit of some sort to stage an entertainment event?

After a rash of armed bank robberies last summer, many banks in my area now have security guards (one of whom shot and killed a wannabee armed bank robber last year.) I’ve seen signs warning people not to wear hats or sunglasses while conducting bank business.

Banks have pretty much zero sense of humor when it comes to unusual stunts, IMHO.

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**Author:** ![Ranger\_Jeff](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ranger_jeff/32/2065_2.png) [@Ranger\_Jeff](https://boards.straightdope.com/u/Ranger_Jeff)\
**Post date:** [June 24, 2014, 5:20am UTC](https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510/10 "2014-06-24T05:20:38Z")

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Sort of a Flash Mob sort of thing, huh? You’d want to have a criminal attorney on retainer to help you explain your prank to the Judge.

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**Author:** ![drewtwo99](https://avatars.discourse-cdn.com/v4/letter/d/d07c76/32.png) [@drewtwo99](https://boards.straightdope.com/u/drewtwo99)\
**Post date:** [June 24, 2014, 7:41am UTC](https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510/11 "2014-06-24T07:41:54Z")

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When you go before the Judge in court you should just break out into another number with your band, to help him get the joke. Surely there must be a good video you could re-enact that happens in a courtroom?

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [June 24, 2014, 8:11am UTC](https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510/12 "2014-06-24T08:11:40Z")

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> [@HelloKindWorld](#):
>
> I definitely figured disorderly conduct… never heard of public menacing, though. Any other likely charges?

It would depend on how the bank customers reacted. In the video, they were shown lying on the floor like they were in an actual bank robbery. But the “robbers” were a band playing musical instruments with no weapons in sight. There’s no apparent reason why the customers couldn’t have stood up and walked out. But there’s also no apparent reason why they were lying on the floor. If the band had told them to lie down and wouldn’t let them leave, then you’d have a charge of False/Unlawful Imprisonment.

That’s some serious felony crime there. You commit Disorderly Conduct and Public Menacing and you might get away with a month or two in county jail. But if you take hostages, you’re going to prison.

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**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\
**Post date:** [June 24, 2014, 9:21am UTC](https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510/13 "2014-06-24T09:21:51Z")

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> [@Little\_Nemo](#):
>
> It would depend on how the bank customers reacted. In the video, they were shown lying on the floor like they were in an actual bank robbery.

You might instead find, to your dismay, that _some_ of those customers (if you’re doing this in certain regions of the United States, anyway) will be Good Guys With Guns, who will readily protect themselves and others from those Bad Guys With Guitars, with much blood all around.

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [June 24, 2014, 9:27am UTC](https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510/14 "2014-06-24T09:27:20Z")

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> [@Senegoid](#):
>
> You might instead find, to your dismay, that _some_ of those customers (if you’re doing this in certain regions of the United States, anyway) will be Good Guys With Guns, who will readily protect themselves and others from those Bad Guys With Guitars, with much blood all around.

Perhaps. But the OP asked about the criminal charges not about the other possible consequences.

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**Author:** ![HelloKindWorld](https://avatars.discourse-cdn.com/v4/letter/h/e79b87/32.png) [@HelloKindWorld](https://boards.straightdope.com/u/HelloKindWorld)\
**Post date:** [June 24, 2014, 11:33am UTC](https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510/15 "2014-06-24T11:33:17Z")

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> [@Ranger\_Jeff](#):
>
> Sort of a Flash Mob sort of thing, huh? You’d want to have a criminal attorney on retainer to help you explain your prank to the Judge.

Ha, and a pretty damned good one at that. =P

> [@drewtwo99](#):
>
> When you go before the Judge in court you should just break out into another number with your band, to help him get the joke. Surely there must be a good video you could re-enact that happens in a courtroom?

Hmm… the only thing I can think of is “I Can’t Drive 55”… but I’m saving that gem for when me or one of my potential future bandmates gets a speeding ticket.

> [@Little\_Nemo](#):
>
> It would depend on how the bank customers reacted. In the video, they were shown lying on the floor like they were in an actual bank robbery. But the “robbers” were a band playing musical instruments with no weapons in sight. There’s no apparent reason why the customers couldn’t have stood up and walked out. But there’s also no apparent reason why they were lying on the floor. If the band had told them to lie down and wouldn’t let them leave, then you’d have a charge of False/Unlawful Imprisonment.
> 
> That’s some serious felony crime there. You commit Disorderly Conduct and Public Menacing and you might get away with a month or two in county jail. But if you take hostages, you’re going to prison.

Interesting.

> [@Senegoid](#):
>
> You might instead find, to your dismay, that _some_ of those customers (if you’re doing this in certain regions of the United States, anyway) will be Good Guys With Guns, who will readily protect themselves and others from those Bad Guys With Guitars, with much blood all around.

Oh yes, there’s no doubt many ways this could go horribly wrong. An innocent small tube amplifier with an overdrive pedal could be mistaken for some sort of explosive device by someone not familiar with such stuff.

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**Author:** ![drewtwo99](https://avatars.discourse-cdn.com/v4/letter/d/d07c76/32.png) [@drewtwo99](https://boards.straightdope.com/u/drewtwo99)\
**Post date:** [June 24, 2014, 11:59am UTC](https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510/16 "2014-06-24T11:59:26Z")

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Speed on your way to the bank robbery! Or on your way out. Then you can do the courtroom number too 🙂

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [June 24, 2014, 12:09pm UTC](https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510/17 "2014-06-24T12:09:03Z")

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Come to think of it, when caught why wouldn’t a non-faux bank robber yell, “Psych! Just foolin!”?

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**Author:** ![cornflakes](https://avatars.discourse-cdn.com/v4/letter/c/9d8465/32.png) [@cornflakes](https://boards.straightdope.com/u/cornflakes)\
**Post date:** [June 24, 2014, 12:29pm UTC](https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510/18 "2014-06-24T12:29:41Z")

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With guitars? You might be arrested for disorderly conduct. On the other hand, if you did it in [German](http://www.youtube.com/watch?v=f4K6ZxDwi34), you would probably go to jail and might win a music award.

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**Author:** ![HelloKindWorld](https://avatars.discourse-cdn.com/v4/letter/h/e79b87/32.png) [@HelloKindWorld](https://boards.straightdope.com/u/HelloKindWorld)\
**Post date:** [June 24, 2014, 12:52pm UTC](https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510/19 "2014-06-24T12:52:55Z")

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Thought just crossed my mind… what if a criminal or group of criminals hired your band to play for them while they are committing crimes? Say they do rob a bank, and you and your band stay back and play whatever song they request, not actually getting involved with the robbery… could that be grounds for being charged with accessory?

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**Author:** ![bob\_2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bob_2/32/3341_2.png) [@bob\_2](https://boards.straightdope.com/u/bob_2)\
**Post date:** [June 24, 2014, 1:10pm UTC](https://boards.straightdope.com/t/what-would-the-charges-be-phony-bank-stick-up/691510/20 "2014-06-24T13:10:24Z")

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> [@HelloKindWorld](#):
>
> Thought just crossed my mind… what if a criminal or group of criminals hired your band to play for them while they are committing crimes? Say they do rob a bank, and you and your band stay back and play whatever song they request, not actually getting involved with the robbery… could that be grounds for being charged with accessory?

Given that bank robbers are usually serious people with a wish to obtain lots of cash with as little effort as possible, I can’t honestly see why they would do this.

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