That is an interesting argument, and I think it may have some merit.



Resolution of the issue would probably require arguments regarding statutory construction, expert testimony regarding the poisonous / venomous distinction, etc..



Also, be sure that no other provisions in the statute define the term "poisonous" in a way that defeats your argument. If the law explicitly defines "poisonous" in a way that includes venomous snakes you could have a problem. Additionally, make sure that no species are enumerated as being prohibited, as that list might be extrapolated to include snakes with similar characteristics that have not been specifically mentioned.



Adios,



Prosecutor / RWK



[The information contained in this post is not intended to be, nor should it be considered, "legal advice". Further, this post does not establish a contractual or attorney-client relationship, nor is it a solicitation to engage in such relationship.]

[ Hide Replies ]

• Poisonous vs. venomous - SalS, Tue May 18 21:50:59 2004
• RE: Poisonous vs. venomous - chris_mcmartin, Tue May 18 21:58:26 2004
• RE: Poisonous vs. venomous - LarryF, Thu May 27 16:45:38 2004
• RE: Poisonous vs. venomous - Prosecutor, Wed May 19 16:13:57 2004