PLL Theory: Toby is CHARLES/Big A, CeCe is Red Coat/A, Melissa is Uber A: A PLL Novel

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I haven’t posted in awhile, so I am sharing a PLL theory that I worked really hard putting together. I’d appreciate reblogs if you have tumblr, or other types of sharing so that more people can check it out too. It includes a LOT of PLL characters; the ones in the title play the biggest role, but they have help from people like Wren, Wilden and MORE.

 

Here it is: kkthanks.tumblr.com/post/117262787568/toby-is-charles-big-a-cece-is-red-coat-a

Don’t miss this one. I’ll be forcing myself to get back on the tv+ broken laws topic, but for now I hope you enjoy my other writing!

Keep Your Friends Close.. You Might Need To Share Prison Cells One Day… (Recap+Broken Laws in Pretty Little Liars episode 1×10)

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While PLL is on hiatus, I figured I’d do some special entries on episodes of PLL from season 1 that I haven’t covered yet. It’s fun to reminisce 🙂 

NOTE: there were not that many broken laws in episodes 1×08 and 1×09, but I will briefly cover them in this entry.

**ALSO NOTE: This entry contains SPOILERS regarding the identities of the first “A” and of the person who destroyed Alison’s memorial. **

Now, let’s see if the PLLs have been naughty or nice… I’ll give you one guess. 

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Episode 1×07, “Please Do Talk About Me When I’m Gone” is encompassed mostly by Alison’s memorial.  The girls work their asses off on the memorial to make sure it’s perfect, only to be criticized and “sent off to play” when Alison’s brother Jason returns to town.  Fortunately for the girls, Jason has someone else to criticize, and he is a lot more harsh against this person.



Jason does not approve of the lack of progress in Alison’s murder investigation, and he makes sure that Detective Darren Wilden knows about his dissatisfaction. When Jason shakes Wilden up, instead of conducting his investigation properly, he takes the low road and threatens to humiliate Hanna’s mother if Hanna discloses certain information to Jason. If this sounds sketchy to you, it’s probably because police officers are not supposed to use their authoritative power to threaten people to further their work. Hanna certainly doesn’t appreciate it, and she responds to Wilden’s inappropriate behavior with a snarky remark about the days when he used to prance around the kitchen wearing nothing but a towel.  This is not Wilden’s first rodeo with breaking the law in order to terrorize Hanna; we discussed similar behavior in my entry about episode 1×03, “To Kill A Mocking Girl.”   (see broken law # 5 in that entry for a reminder). Wilden’s inappropriate “investigating” leads us into:

Broken Law # 1 Alert! (Episode 1×08)

Abuse of Power- Official Oppression (in relevant part): Pa. Stat. Ann. Title 18 § 5301:

“A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he:
(1)  subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or
(2)  denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.”

I may not be what Detective Wilden considers an expert, but I’m pretty sure it sets a bad example for a police officer to commit misdemeanors in order to investigate a felony.  As former PLL writer & current Twisted writer, Andy Reaser put it, he’s a “bad cop… that’s why he needed to be put down.” 

At the end of the episode, somebody violently destroys the memorial that the girls spent the entire episode preparing.  At the time, we don’t know who the person is, but now, it has been concluded that the person was Lucas. I don’t cover crimes when we don’t know the identity of the perpetrator, but since it has been revealed, Lucas destroying the shrine to his worst enemy brings us to:

Broken Law # 2 Alert! (Episode 1×08)

Criminal mischief – 18 Pa. Cons. Stat. § 3304 (in relevant part)

 “A person is guilty of criminal mischief if he: …  (4)  intentionally defaces or otherwise damages tangible  public property or tangible property of another with graffiti  by use of any aerosol spray-paint can, broad-tipped indelible marker or similar marking device;…”

Grading (in relevant part):  …It is a misdemeanor of the second degree if the actor intentionally causes pecuniary loss in excess of $1,000, or a misdemeanor of the third degree if he intentionally or recklessly causes pecuniary loss in excess of  $500 or causes a loss in excess of $150 for a violation of subsection (a)(4). Otherwise criminal mischief is a summary offense.”

While we don’t know how much those tiles and statues cost, I’d say our favorite technology nerd would likely fall into the category of at least a third degree misdemeanor, and perhaps even second degree, because it could be argued that he knew that what he was destroying was very valuable. 

It’s good to know that when Lucas isn’t selling action figures and designer pocket books on the internet, he still has something to do with his time! Hopefully he doesn’t wind up doing actual time in jail one day if his misbehavior continues.

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Moving on to episode 1×09, “The Perfect Storm.”  In a nutshell, a major tornado hits Rosewood on the day of the girls’ SATs and the girls wait in school to find out if the test will be postponed.  Wilden, in typical fashion, harasses them throughout the entire episode, and his behavior is once again illegal. 

Veronica Hastings scares Wilden to death when informing him of his infractions. Wilden has spent the better part of this episode badgering the girls, especially Emily, about their whereabouts the night that Alison’s memorial was destroyed.  He attempts to use his knowledge that Emily has lied about where she was to his advantage, but it backfires big time.

Wilden gets Emily alone in a room (well, her friends follow them) and harasses her into admitting that she went to Alison’s memorial the night before.  She explains that it was already destroyed when she got there.  Wilden then reveals that he has taken the liberty of searching Emily’s purse and found pieces (the only one that were not broken, Emily explains) of the statues from Alison’s memorial. This is not enough for Wilden, so he also forces Emily to come out of the closet by confessing to her friends that she had feelings for Alison. He is pretty much accusing Emily of murdering Alison when Veronica Hastings comes to the rescue and explains that Wilden has shattered the law into more pieces than Lucas left intact after his handiwork on Ali’s memorial. Apparently Wilden still needs a formal introduction to the 5th amendment of the Constitution. His questionable detective work brings us to: 

Broken Law # 3 Alert! (Episode 1×09)

Veronica Hastings yelled at Wilden for questioning minors without an adult present.  This is because any minor who is subject to a custodial interrogation (and Emily was in this situation) should be read their Miranda rights.  Under the fifth amendment, the right against self incrimination, which applies to juveniles just as much as it does to adults, includes the right to have an attorney present.  

If someone is subject to a custodial interrogation without being read their rights, as Veronica pointed out, any statements that were made during the interrogation will be inadmissible in a court room.  Additionally, in order for someone to waive their 5th amendment rights (had Wilden bothered to read them in the first place), they need to give INFORMED consent that they understand the rights they’re giving up.  This is where Veronica’s comment about questioning minors without an adult present ties in.  Minors are less likely to understand the consequences of giving up their rights, or to know that they have rights in the first place. That’s why in many situations, it’s forbidden for minors to be questioned without an adult present. 

(PARAPHRASED)

I am going to cite some US Supreme Court case law in order to explain the rights provided by the 5th amendment:

In the Supreme Court Case, In Re: R.H., (791 A.2d 331 (2002), the Court cites many cases that explain the 5th amendment rights.

To safeguard an uncounseled individual’s Fifth Amendment privilege against self-incrimination, suspects subject to custodial interrogation by law enforcement officers must be warned that they have the right to remain silent, that anything they say may be used against them in court, and that they are entitled to the presence of an attorney. See Thompson v. Keohane, 516 U.S. 99 ,107, 116 S.Ct. 457, 133 L.Ed.2d 383 (1995)(citing Miranda v. Arizona, 384 U.S. 436,444, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966)). Juveniles, as well as adults, are entitled to be apprised of their constitutional rights pursuant to Miranda. See In re Gault, 387 U.S. 1, 57, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967). If a person is not advised of his Miranda rights prior to custodial interrogation by law enforcement officers, evidence resulting from such interrogation cannot be used against him. See Miranda, 384 U.S. at 436, 444, 478-79, 86 S.Ct. 1602; Commonwealth v. Chacko, 500 Pa. 571, 459 A.2d 311, 314-15 (1983). A person is deemed to be in custody for Miranda purposes when “[he] is physically denied of his freedom of action in any significant way or is placed in a situation in which he reasonably believes that his freedom of action or movement is restricted by the interrogation.”Commonwealth v. Williams, 539 Pa. 61, 650 A.2d 420, 427 (1994).”

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FINALLY, we can move on to the episode we’ve all been waiting for; it’s time to go “glamping” in Episode 1×10, “Keep Your Friends Close.”

This episode begins with Hanna asking a burning question to her best friends: whether or not one side of her face is fatter than the other one.  This is clearly the most important problem that she’s currently dealing with in her life. The girls realize that Melissa’s ex-boyfriend, Ian Thomas, has returned to school as the new field hockey coach.

Then, Mona invites the girls to “The Best Birthday Party EVER, ‘Camp Mona.'”  This party will feature “glamping,” Mona’s version of camping in style. She assures the girls that “M is for Mona and Massages, not mosquitos.”  Well, THAT’s a relief! Hanna insists that Mona is attempting to be nice to the girls, but none of them want to go to the party. They quickly change their minds when they receive a text message from “A” informing them that Camp Mona is a scavenger hunt and “A” is the prize. The girls are forced to RSVP yes to Mona’s party in order to abide by the request in the text message, “Come and find me bitches!” So, the girls are going to a party in the woods because “A,” the mysterious person who has been relentlessly harassing them has instructed them to do so.  This sounds like a great idea if I’ve ever heard one!

The next day at the Marin household, Ashley screams “Screw you!” at her telephone.  The ever curious Hanna presses redial and learns that Ashley called a mortgage company, making her worry more about their financial difficulties.  Before she can think about this too much, the birthday girl arrives.  Mona announces in front of Hanna’s mother that she wants Hanna to join her in ditching school to get lunch at a fancy restaurant. Brilliant thinking, Mona! Hanna insists that she can’t ditch school even if she does NOT have a locator bracelet on her ankle.  This is outrageous to Mona, and she gets incredibly pissed off at Hanna.  She threatens to “go rogue” if Hanna disappoints her on her birthday. Hanna begins to confess to Mona about the financial issues she and her mother are having, but Ashley swoops in and hands her a hundred dollar bill before she can finish her sentence. Score.

Meanwhile, Byron Montgomery displays his complete lack of ability to do the laundry and get accustomed to being a single parent. At Spencer’s house, Melissa attempts at behaving nicely towards Spencer, but Spencer immediately calls BS.  The truth comes out; Melissa wants to know why Spencer didn’t tell her that Ian was back in Rosewood. He has been begging Melissa to go get coffee with him, but she keeps turning him down and ignoring him because he broke her heart. Spencer attempts to apologize to Melissa, once again, for what happened with Wren.  Then, we’re taken into a flashback where we learn that the incident with Wren is not the only time that Spencer has screwed Melissa over.  Spencer might actually be the worst sister in the world.

In the flashback, we learn that when Spencer was younger she secretly hooked up with Ian (who is SIX YEARS OLDER than Spencer) when he was dating Melissa. Apparently Spencer doesn’t go for guys unless they’re dating her older sister. That’s her type! And apparently Ian is the type of guy who doesn’t mind breaking the law to hook up with his girlfriend’s younger sister. Spencer’s flashback  brings us to:

Broken Law # 4 Alert!

Indecent assault – 18 Pa. Cons. Stat. § 3126 (in relevant part)


 “Offense defined.–A person is guilty of indecent assault if the person has indecent contact with the complainant, causes the complainant to have indecent contact with the person… and… (8)  the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other…”



Definition of indecent contact: 

“Any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire, in either person.”

The way Ian was touching Spencer and the fact that he asked her if she liked it would likely make his behavior qualify for this offense. 

Spencer is around 14 years old at this point and Ian and Melissa are 6 years older than Spencer, which would make Ian approximately 20 years old. Not ok. 

(b)  Grading.–“Indecent assault shall be graded as follows:
 An offense under subsection (a)(1) or (8) is a misdemeanor of the second degree.

”

Not only is Spencer’s behavior unacceptable according to the law, but according to Alison too. In the flashback, Ali demands why Spencer took part in that “gross” kiss with Melissa’s “old” boyfriend.  She proclaims that if Spencer was into it, “THAT WOULD MAKE [SPENCER] A SKANK!” Wow, I totally see why Ali was Spencer’s BFF.

Noel laments to Aria about Camp Mona being a girls only party, but he and Aria make big plans to be lazy and watch movies on Sunday.  Ezra watches angrily as Noel and Aria kiss. He makes a condescending remark about Noel playing football, but then claims that Aria doesn’t owe him any explanation about who she dates.

Meanwhile, the police spend more time at Rosewood high school than they do at the police station.  The girls are once again called to the principal’s office to speak to them. Hanna texts Mona to apologize because she’s stuck at school, but all she gets in return is a “screw you!” text from Mona. The girls learn that the FBI is now involved in the investigation of Ali’s murder, and some of the agents are at the principal’s office to discuss evidence.  One agent shows the girls a video that was sent to the Rosewood Police Department by an “anonymous source.” Hmm, I wonder if this involves “A.” The video is from the night Ali disappeared, as Aria quickly points out. It features Ali at the kissing rock wearing a sweater that Hanna is 100% did not belong to her. Alison is talking to the “so-called mystery boyfriend,” the older boy she was interested in that summer. At the end of the video, Ali says “I know you wanna kiss me.”

Ashley Marin is at work, and she makes a phone call in attempt to get an extension on her mortgage.  Her request is denied.  Then, an old woman, Mrs. Potter, walks in for her annual visit to Ashley.  She puts an excessive amount of cash in her safety deposit box and then screams that when she dies, she has no remaining relatives. Before Mrs. Potter leaves, she greedily takes all but one of the butterscotch candies on Ashley Marin’s desk, and forgets her key to her deposit box. Ashley is about to stop her, then she rethinks it.  Breaking the law is cooler, PLUS, butterscotch candies are awesome and this old lady just tapped into her stash!

At Rosewood High, Noel approaches Aria at her locker to ask about the girls being called to the office. He finds a note from “A,” which turns out to lead to a poem written by Ezra Fitz — seemingly about Aria. A random girl goes up to Hanna in the cafeteria asking her for the name of her non-existant liposuction doctor. “A” is spreading rumors and a bunch of girls are talking about it in the hallway. Even Mona “got a text from ‘A’,” or so she claims. Now we know better. Mona is PISSED. She was eating 3 almonds a day to get skinny while Hanna was “getting lipo.”

This is the last straw for Mona. She un-invites Hanna to her birthday party.  When Hanna protests, Mona says that they used to be best friends, but now Hanna’s just somebody that she used to know. Hanna knows that “A” is behind this, and she is “SO OVER that bitch!” She insists that the other girls still need to go to Mona’s party. ‘A’ might be playing games, but she;’s not.

After reading Ezra’s poem, Aria goes to Ezra’s classroom and flips out on him. She’s angry at him for giving up on their relationship too easily. For somebody who doesn’t want to get caught for having dated her teacher, she certainly is fighting with Ezra loudly. Just as Aria screams that she has moved on, Noel shows up wondering what’s going on. Aria assures him that absolutely nothing is going on. Ezra and Noel exchange awkward glances and Ezra hurls a book across the classroom.

Next, Ian knocks on the Hastings; door; he just can’t get enough of Melissa’s rejection. Spencer and the girls walk in with their glamping gear. Spencer encourages Melissa to go on the coffee date with Ian. Melissa finally agrees. When the girls ask Spencer why she’s trying to mend her sister’s relationships, Spencer confesses to them about her “moments,” as she calls them, with Ian and Wren.

Their conversation comes to a halt when they hear something on the news; there is confirmation that a blood stain on the sweater Alison was wearing in that video matches Alison’s blood… AND the sweater belongs to Toby Cavanaugh. Spencer is 100% convinced that since Ali was wearing Toby’s sweater, he’s definitely the guy at the kissing rock.

Emily and Aria both have family moments, NOT the same type of “moments” Spencer was discussing. Aria finally goes out to lunch with Ella and apologizes again for not telling her about Byron’s affair. Emily’s father returns home from the army. He has a heart to heart with Emily and insists that Toby is a dangerous guy. Pam eavesdrops from outside Emily’s room. Then, it’s revealed that someone (we now know that, that someone is Mona) sent a picture of Emily and Maya kissing to Pam. This is a good part to interject and allow “A” herself to bring us to:

Broken Law # 5 Alert! 

Now that we know Mona was the person behind the menacing text messages and other forms of torture that the girls faced, we can discuss that clearly her behavior as “A” was not legal. In regards to the text messages and letters Mona sent, she could be found guilty of: 

18 Pa. C.S. § 2709. Harassment (in relevant part). 

“(a)   OFFENSE DEFINED.– A person commits the crime of harassment when, with intent to harass, annoy or alarm another, the person:
(1)  strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same;

(2)  follows the other person in or about a public place or places;
(3)  engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose;
(4)  communicates to or about such other person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures;
(5)  communicates repeatedly in an anonymous manner;
(6)  communicates repeatedly at extremely inconvenient hours; or
(7)  communicates repeatedly in a manner other than specified in paragraphs (4), (5) and (6).”

“(c)   GRADING.-

(1)  An offense under subsection (a)(1), (2) or (3) shall constitute a summary offense.
(2)
(i) An offense under subsection (a)(4), (5), (6) or (7) shall constitute a misdemeanor of the third degree.”

At some point during Mona’s time as “A,” she has been guilty of everything on the above list, therefore she would likely be charged with the 3rd degree misdemeanor and not the summary offense. 

Later, Emily drives to Camp Mona and parks her car in the woods. Out of nowhere, Toby has creepily been in the back of Emily’s car the entire time! He wants to finish telling Emily what he started to tell her at Homecoming. He explains that September 1st (a reference to his “901 Free At Last” tattoo) is the day that he ended things with Jenna.  According to Toby, Jenna threatened to tell people that he forced himself on her, when really it was the other way around, and Jenna was (and still is) in love with Toby.   Emily wants to know more, but she has to go to the party. Toby tells her that she should meet him later behind the Church; that’s where his ride is picking him up. 

Wait, WHAT just happened?! Let’s hop in the car, because we’re getting a ride with Toby to:

Broken Law # 6 Alert! 

Nope, Toby following Emily and getting in her car and hiding there without her permission is not ok. 

18 Pa. C.S. § 2709.1. Stalking (in relevant part).

“(a)   OFFENSE DEFINED.– A person commits the crime of stalking when the person either:
(1)  engages in a course of conduct or repeatedly commits acts toward another person, including following the person without proper authority, under circumstances which demonstrate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person; …”

“Grading: a first offense under this section shall constitute a misdemeanor of the first degree.”

Since Toby obviously knows that the last time he was with Emily, she was terrified of him and wound up hospitalized, he likely has the requisite intent.  Here’s a bit of advice, Toby.  When the cops are after you because you’re a suspect in a murder investigation, you probably shouldn’t roam around town continuing to break the law! 

Continuing, if what Toby told Emily about Jenna forcing herself on him is true, Jenna would be guilty of:

Broken Law # 7 Alert!

18 Pa.C.S. § 3124.1 Sexual Assault (in relevant part).

“… a person commits a felony of the second degree when that person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant’s consent.” 

As Alison says in a future episode, “it turns out darling Jenna isn’t the victim; freak Toby is!”  And we’re not done with Toby just yet. He is also hiding from the police, as he makes clear to Emily when he begs her not to call the police or tell her friends that she saw him. He can run, but he can’t hide from: 

Broken Law # 8 Alert! 

Flight to avoid apprehension, trial or punishment – 18 Pa. Cons. Stat. § 5126 (in relevant part)

“(a)  Offense defined.–A person who willfully conceals 
himself or moves or travels within or outside this Commonwealth
 with the intent to avoid apprehension, trial or punishment 
commits a felony of the third degree when the crime which he has 
been charged with or has been convicted of is a felony…” 

Seriously, Toby, stop breaking the law!

When the girls finally get to the party, Mona hovers over the gift pile and welcomes them. She gives them a tour of her party, which includes the “blow me bar” where the girls get their hair done, the mini-bar, and tons of other activities that probably were all very expensive to arrange. 

Legal Note:

If the mini-bar is serving alcoholic beverages, which is likely, then that is against Pennsylvania law. I’m only making a note of it, because while the mini-bar was briefly mentioned, nobody was seen notably drunk and I didn’t notice anyone actually drinking an alcoholic beverage. However, if there was underage drinking at the party, it would be in violation of this Pennsylvania law:  Purchase, consumption, possession or transportation of liquor or malt or brewed beverages- Pa.C.S.A. § 6308 (a) 

Against Toby’s wishes, Emily tells her friends about seeing him and about the story he told her. Spencer insists that he’s lying and Aria says that they should call the police. This conversation is interrupted when Hanna calls Aria. She plans to spy on “A” from the woods while “A” watches the other girls at the party. This has “terrible idea” written all over it, but of course our favorite girls don’t realize that.

Aria is popular tonight; next, she receives a text message from “A.”  It reads, “you found my bracelet, now come find me.” The girls guess that this means they have to go to the spot where they originally found the “Alison” bracelet. Emily and Aria wonder how they’re ever going to find the exact spot, but Spencer assures them to have no fear! She remembers exactly how many steps they have to walk to go to where they found the bracelet. It’s a good thing they’re at least going on this journey together. Oh, wait! Mona grabs Aria and Emily; it’s their turn to glamp their hair. Spencer’s on this mission alone. Aria’s phone goes off yet again, and this time it’s a text from Ezra which says that he needs to see her.

Hanna lingers in the bushes, spying on the happenings at Camp Mona with a pair of binoculars. She’s an expert at this after her years at fat camp. I guess stalking was one of the activities there. Emily and Aria come out with crazy blown out hair. Spencer makes fun of them and then reveals that she found another bracelet, and this one says “Jenna.” “A” left a note with the bracelet: “You’re as in the dark as Jenna, looking for me in all the wrong places.”

There’s still life outside of Camp Mona, and Byron sees Ashley Marin driving past him. He asks her for a ride home, startling her by tapping on her car window. Ashley briskly blows him off, claiming that she’s not going home and she’s in a rush. When she drives off, it’s revealed that she stole Mrs. Potter’s money! Holy. Shit. That’s what you get when you mess with somebody’s butterscotch.

Ashley may have refused to give Byron a ride, but right now, she can take us out of Pennsylvania law territory and into federal law:

Broken Law # 9 Alert! 

Since Ashley Marin is an employee at a bank, and she stole money out of a customer’s safe deposit box, this falls into federal law rather than state law. Basically, what she did is REALLY bad and she’d be screwed if she got caught. But in legal terminology: 

18 USC § 656 – Theft, embezzlement, or misapplication by bank officer or employee (in relevant part)

“Whoever, being an officer, director, agent or employee of … any Federal Reserve bank, member bank, … national bank, insured bank, … embezzles, abstracts, purloins or willfully misapplies any of the moneys, funds or credits of such bank, branch, agency, or organization or holding company or any moneys, funds, assets or securities intrusted to the custody or care of such bank, branch, agency, or organization, or holding company or to the custody or care of any such agent, officer, director, employee or receiver, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both…”

I understand how importance of being able to pay bills on time, but if Ashley were to get caught, shopping and paying bills would be the least of her troubles!

While we have one felon driving away to avoid getting caught with way too much money, we have another potential felon actually getting caught by the police. Never a dull moment in Rosewood.  Toby waits behind the Church hoping for Emily to show up, but instead is greeted by cop cars.  He attempts to run away, but they have him completely surrounded and the cops take him away.  I did say that he should stop breaking the law!

Back at Camp Mona, Aria has mysteriously disappeared, and Spencer has cracked the code from the “A” note. Instead of looking for “A” in the WRONG places, OBVIOUSLY, they need to go to Wright’s Playground! It’s completely realistic that Spencer would come to this realization all of a sudden while roasting Marshmallows. Emily and Spencer head to the park where they find a tree that is engraved with “Alison loves Ian.” To quote Ms. DiLaurentis herself, “Ok, GROSS!”

Hanna is still spying in the woods. She sees a car pull up and she sees somebody get in the passenger seat. The two people are kissing, and Hanna is shocked to learn that the people inside the car are Aria Montgomery and Ezra Fitz. Everybody’s just driving around breaking laws tonight.  As mentioned in previous entries, Ezra’s behavior is against the law. Buckle up, we’re heading to:

Broken Law # 10 Alert! 

18 Pa. C.S. § 3124.2(a.2) – Institutional sexual assault (in relevant part)

“A person who is a volunteer or an employee of a school or any other person who has direct contact with a student at a school commits a felony of the third degree when he engages in sexual intercourse, deviate sexual intercourse or indecent contact with a student of the school.”


I know, I know, Ezria fans, it sucks and it’s not fair and they haven’t even had sex yet! But since this steamy moment in the car definitely amounts to at least indecent contact, Ezra is in trouble, and the fact that Aria is of the age of consent (16) doesn’t help him either; this law applies to any student regardless of age. 

Hanna is not the only person stunned at what’s going on in her English teacher’s car. During her spying adventure, Hanna notices a person in a black hoodie (who she presumes is “A”) approach the back of the car and write “I See You” on the back window.  Aria ignores Hanna’s frantic warning phone calls, and the person in the black hoodie saw everything. After writing the message on the window, the person runs away, but Hanna sees who it is. She sends the other PLLs one of their famous SOS texts: “I know who ‘A’ is, heading to the parking lot.”  The girls head to meet her, but before Hanna can approach them, she is abruptly hit by a car.  This was clearly an intentional hit-and-run situation.  This is yet another person driving around causing trouble, and this time it’s the girls’ worst enemy; “A.” This is quickly confirmed when immediately after Hanna is hit by the car, the girls get a text from “A” with the eerie message: “She knew too much.”

Since Mona has now been revealed at “A”, we’ll explore the fact that she’s not allowed to just drive around and hit people with cars when she feels like it. We discussed the possibility of Alison committing a similar crime in my entry on episode 4×10, “The Mirror Has Three Faces” (check out broken law # 3). 

Broken Law # 11 Alert! 

Aggravated assault – 18 Pa. Cons. Stat. § 2702 (in relevant part)

 “(a)  Offense defined.–A person is guilty of aggravated assault if he:
 (1)  attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life…”
“(b)  Grading.–Aggravated assault under subsection (a)(1) … is a felony of the first degree.”

First degree felonies are probably a second nature to Mona at this point, but she couldn’t even take the night off from crime to celebrate her own birthday! At least she’s a dedicated villain. 

At the very end of the episode, we see the “I know you wanna kiss me” video again, but this time the guy Alison is talking to is revealed. Ian replies “Come closer.” If it’s engraved in a tree and on a video, it has to be true… right? Ok GROSS! 

Thanks for reading, and I’ll be back with more PLL mischief soon.  I hope you enjoy reading about the PLLs’ past crimes with me while we wait for them to commit more of them in season 4B! 

There’s No Place Like Homecoming… To Dance Around The Law (Pretty Little Liars Episode 6 Recap + Broken Laws)

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This episode starts off with Aria asleep and having depressing dreams about Ezra.  Hey, at least she’s relaxing for once; it seems like the girls on this show don’t do much of that what with the murder mysteries and anonymous stalkers that consume their lives.  This fleeting moment of relaxation is interrupted when Aria’s friends barrel into her room for an intervention.  She has GOT to get out of her bed and take off those ugly sweatpants.  Just like in any intervention, each person takes turns expressing their concerns.  The girls are also armed with Chinese food and magazines in case their words aren’t convincing enough.  Spencer points out that that if Aria doesn’t remove those sweatpants immediately, they won’t be able to pick a homecoming dress for her.  Hanna needs Aria’s vote for homecoming queen.  She asks Aria to at least fill out an absentee ballot if she’s not going to go to homecoming.  Hanna quickly realizes that her comment won’t help Aria get out of bed, so she peppers in a comparison between Aria’s sweatpants and mom jeans and platform flip flops.  Emily comforts Aria about her parents.  “Things can seem over on Friday and on Monday all is forgiven,” she explains.  

The topic of conversation moves to the girls’ dates.  Hanna is bringing Sean, Spencer is bringing Alex, and Emily is going stag.  Aria agrees to go stag as well.  When Spencer jokes about Aria and Emily going to the dance as a couple, Hanna quickly interrupts.  The other girls don’t know about Emily and Maya’s scandalous photo booth pictures.  Aria reminds the girls that she’s not Samantha Ronson, and Hanna decides that Chinese food is the best way to get her friends to stop talking about lesbians.




It turns out, “A” has planned something even more distracting.  To the girls’ horror, when they open up their fortune cookies, they see that “A” has tampered with them.  Their fortune from “A” reads, “Lions and tigers and bitches, oh my!  There’s no place like homecoming.  See you there.”  How did “A” manage to pull that one off?  She is clearly sleeping with the owner of that restaurant.

At school, Hanna attends Sean’s dress rehearsal for rejecting sexual advances, otherwise known as “Real Love Waits.”  The members of this club practice hypothetical scenarios where one person instigates the other to have sex.  The person being provoked then practices saying no to sex.  Hanna is bored out of her mind.  Sean and Amber go first, then it’s Hanna’s turn to pretend to hit on someone.  Her partner is a nerdy guy named Lucas (Brendan Robinson).  Lucas protests that a girl like Hanna would never consider having sex with him; he doesn’t believe that Hanna is attracted to guys with the upper body strength of Screech.  His virginity is well protected, thank you very much.  One might wonder why he joined this club in that case, but I digress.  Hanna fake-instigates Lucas by asking, “So, do you want to come up to my room?”  “Yes!” Lucas exclaims.  Thankfully, Screech– I mean Lucas is saved by the bell.

In the hall, Aria attempts to speak to Ezra, but he runs away from her.  In the cafeteria, Emily learns that Maya does not plan on going to homecoming; she’s not really gaga for Gaga.  Hanna is sitting quietly in the cafeteria when all of a sudden, Spencer thunders in and badgers Hanna to steal Jenna’s medical records.  It’s imperative that the girls get that file, because “Toby Cavanaugh, who has never had a date in his life, bought two tickets to homecoming.”  I’m sure Jenna’s medical records will be filled with information about Toby’s evil agenda to bring a date to a school dance.  Spencer outburst makes her an outlaw:

Broken Law Alert # 1! : First of all, I am going to briefly stipulate that stealing medical records is a crime.  This will be further explained later in this post, but it’s necessary to point out that it’s a crime in order to explain what Spencer has done.  18 Pa. Cons. Stat. § 902:  Criminal Solicitation: 
“(a)  Definition of solicitation.–A person is guilty of solicitation to commit a crime if with the intent of promoting or facilitating its commission he commands, encourages or requests another person to engage in specific conduct which would constitute such crime or an attempt to commit such crime or which would establish his complicity in its commission or attempted commission.”
18 Pa. Cons. Stat. § 905: Grading (in relevant part): Grading of criminal attempt, solicitation and conspiracy.

“(a)  Grading.–Except as otherwise provided in this title,…  solicitation … [is a crime] of the same grade and degree as the most serious offense which is… solicited …”

Mona approaches Hanna and Spencer and makes an obnoxious quip about Spencer bringing the country club’s towel boy to homecoming.  She refers to him as Spencer’s “Cinderfella.”  Apparently in Rosewood, having a job automatically makes you a lesser person.  Spencer abruptly hits Hanna to get her to look at her newest terrifying discovery about Toby; he has a TATTOO! Oh, no!  It says “901 Free At Last.”

Tattooed and armed with an extra homecoming ticket, Toby asks Emily to hang out as his homecoming date even though he thinks homecoming is lame.  Next, we see Spencer setting up for Homecoming– she’s head of the committee of course– and Alex comes and makes fun of her OCD.  When he informs Spencer that he is paying for the homecoming tickets and buying a new suit for the dance, she tries to stop him because he has a JOB and he works hard.  Hanna approaches Maya in the hallway and learns that Maya is voting for her for homecoming queen.  Hanna tells Maya that Emily really wants her to go to homecoming.  Too bad Hanna doesn’t know if that’s even true.  Hanna should win an award for being the worst Cupid ever.  

Jenna sits creepily on a bench outside of the school.  She is furious about Toby spending time with Emily.  She warns him, “once she finds out the truth about you, she’ll hate you.”  WHAT DOES THAT MEAN, JENNA?!  Hanna goes to Jenna’s therapist’s office to get that file.  Even though her attempt to steal Jenna’s medical records is thwarted by a giant security guard, she manages to rig the door so she can return later.  This brings us to:

Broken Law Alert # 2! : I’m going to start off with a brief explanation which is necessary in determining which crimes the girls could actually be convicted for if they were to get caught.

18 Pa. Cons. Stat. § 906:  “Multiple convictions of inchoate crimes barred.  A person may not be convicted of more than one of the inchoate crimes of criminal attempt, criminal solicitation or criminal conspiracy for conduct designed to commit or to culminate in the commission of the same crime.”

I am still going to cover these inchoate crimes, but understand that ultimately, the girls could only be convicted for one of them.  For example, here, I’m going to explain why Hanna and Spencer are now guilty of conspiracy, which means that Spencer would no longer be able to get convicted for the above-mentioned solicitation.  Additionally, I’ll discuss criminal attempt, because if Hanna was acting alone, it would apply in this situation.


18 Pa. Cons. Stat. § 903: Conspiracy (in relevant part) : “(a)  Definition of conspiracy.–A person is guilty of conspiracy with another person or persons to commit a crime if with the intent of promoting or facilitating its commission he: (1)  agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or (2)  agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.”
“(e)  Overt act.–No person may be convicted of conspiracy to commit a crime unless an overt act in pursuance of such conspiracy is alleged and proved to have been done by him or by a person with whom he conspired.”


Broken Law Alert # 3!:  Criminal Attempt: 18 Pa. Cons. Stat. § 901: “(a)  Definition of attempt.–A person commits an attempt when, with intent to commit a specific crime, he does any act which constitutes a substantial step toward the commission of that crime.”

Moving on, Hanna is at Aria’s house helping her pick out a dress to wear and going through her jewelry.  Hanna thinks that she has Aria all figured out; she must have a boyfriend back in Iceland!  Aria doesn’t correct Hanna’s assumption that she has an Icelandic viking. 

At homecoming, Mona doesn’t waste a minute before rubbing Aria’s lack of a date in her face.  “Oh how the mighty have fallen,” she says snidely.  To Spencer’s dismay, she spots Melissa at the dance; she’s there to present the crowns to the homecoming king and queen.  She also knows that Spencer stole her essay, and she’s pissed. 

While Melissa is telling Spencer how much she despises her, Mona and Hanna are gossiping by the punch.  Mona makes fun of the girls who she thinks are ugly.  She describes the appearance of one girl by saying, “it looks like her hair got into a fight with her face and they both lost.”  Lucas approaches them and he introduces himself to Mona.  She rudely replies, “Can you be Lucas over there?”  She doesn’t want him anywhere near her, but he needs to take pictures for the yearbook.  Hanna is friendly to him unlike her rude best friend.  When Lucas leaves, Mona gives Hanna a stern speech.  She scolds her for talking to “Hermie” aka “Shim,” her mean names for Lucas.  The two girls argue about the state of Lucas’ genitalia, which is a pretty strange argument to have at a high school dance.  Mona makes it clear that she’s going to be a popular queen bee forever, with or without Hanna.  

Melissa introduces herself to Alex.  If Spencer had a normal sister, this would be fine, but nothing good is going to come out of Melissa talking to Alex.  Spencer does her best to end the conversation as quickly as possible.  Melissa makes sure to mention that she’s met Alex at a club– yet another jab at him for having a job.  Meanwhile, Aria has the first shift at the beanbag toss, and guess which teacher is working there?  Of course, it’s Ezra– or is he Mr. Fitz to Aria again?  Aria compliments Ezra’s haircut and reiterates that “A” is not her friend, but somebody messing with her.  When Ezra asks why somebody would mess with her, Aria juggles between responses: “A knows what I did last summer,” and “It’s complicated.”  What is this, Facebook?  Finally she goes with the most informative response, “I don’t know.”  Great explanation!  Luckily for her, she doesn’t have to continue this awkward conversation because Mrs. Welch rescues her.  

Aria returns to her friends and Maya approaches them.  She asks Hanna where Emily is.  The girls realize that Emily is outside with Toby.  Toby’s nervous about the dance, but he still manages to make fun of the punch while Emily gives him dancing lessons.  When Emily walks in with Toby, the other girls all have identical expressions of doom on their faces as if Lord Voldemort just walked into Hogwarts and none of the witches and wizards have their wands.  Aria wishes she had never asked Hanna for wardrobe advice because she could have worn her invisibility cloak.

The girls all take turns screaming at Emily for bringing Toby to the dance.  Hanna’s opinion that Emily should bring someone who makes her happy to the dance only applied when she thought Emily would take Maya.  Melissa lies to Alex and says that Spencer is only dating him to piss off their dad.  During the dance, the girls also are dealing with the stealing medical records situation.  They continuously disappear on their boyfriends to strategize, and their go-to excuse for their absence is that they “have to get ice.”  Is that what they call it these days?

Spencer dances romantically with Alex when all at once she figures out what Toby’s tattoo means.  901 is the day that Ali went missing!  Spencer bolts to Hanna and bosses her around like a mother who doesn’t abide by the law– so actually exactly like Hanna’s mother!  “Young lady, you’re leaving the dance this instant and don’t come back until you have stolen Jenna’s medical records!”  Hanna asks Aria to babysit Sean while she’s gone.  She gets a ride to the office from Lucas, who is leaving the dance because he only came to take yearbook pictures and cast his vote for Hanna as homecoming queen.

Spencer and Alex go to the fortune teller.  Spencer ignores everything that the fortune teller is saying until she hears the word “hurt.”  Now the fortune teller has her attention!  The fortune teller discusses a relationship that’s a bad match.  “There’s darkness in him,” she insists.  She also describes him as violent and vengeful.  Spencer of course suddenly believes in fortune telling because obviously the fortune teller is talking about Toby!  Spencer asks the fortune teller what else the cards say.  When she flips the next one over, it has been doctored by “A.”  It says, “Kiss bye bye to your BFF!”  One thing’s for sure; these girls are NOT getting a proper fortune today.  “A” has a monopoly on fortunes in Rosewood.  The fortune teller also leads us to an unexpected broken law.

Broken Law # 4 Alert! : Fortune Telling (in relevant part): 18 Pa. Cons. Stat. § 7104: (a)  Offense defined.–A person is guilty of a misdemeanor of the third degree if he pretends for gain or lucre, to tell fortunes or predict future events, by cards…”

Lions and tigers and bitches, oh my!  Stop telling fortunes or an arrest may be in your future.

Emily confronts Maya and asks why Hanna thought that Emily was taking Maya to the dance.  Maya is furious about Emily’s firm stance in the closet.  Aria and Ezra loudly discuss their illicit relationship in the hallway.  Ezra leaves her hanging with a remark that he figured Aria would be at the dance and he “didn’t get his haircut to impress Mrs. Welch.”


Hanna opens the rigged door and rifles through peoples’ personal medical records like it’s no big deal.  When she can’t find Jenna’s file, she calls Spencer for help, but of course her phone dies.  The girls’ phones never die when “A” is harassing them, just when they actually need their cell phones.

Back at the school, Toby brings Emily to the chemistry lab and Alex leaves the dance, because he believed Melissa’s lie.  When Spencer asks Melissa where Alex went, her triumphant response is, “He left, do I have to tweet it to you?”  Spencer would probably just retweet it without giving Melissa any credit.  In the chem lab, Toby asks Emily about Maya, then says that he’s done some things that he’s not proud of, and everybody has secrets.  He closes the door to create a nice murder movie vibe.

Hanna returns with Toby’s file.  Let’s discuss what has happened:

Broken Law # 5 Alert!: It is not legal to steal or disclose an individual’s personal medical records.  45 CFR § 160.102: HIPAA Privacy Rule (Standards for Privacy of Individually Identifiable Health Information) : Basically, it is a HIPAA violation for a healthcare provider to disclose a patient’s personal health information.  For criminal charges, the disclosure has to be intentional, but for civil charges, the healthcare provider can be held liable if the disclosure is a result of willful neglect.  (42 U.S.C. § 1320d-6).  Under this statute, the maximum penalty for one instance of disclosure of private health information is $100.
paraphrased

Now, that’s only in regards to Toby’s doctor.  Hanna is in a lot of trouble too if she gets caught.


Broken Law # 6 Alert! Burglary (in relevant part) : 18 Pa. Cons. Stat. § 3502: “(a)  Offense defined.–A person commits the offense of burglary if, with the intent to commit a crime therein, the person:

(3)  enters a building or occupied structure, or separately secured or occupied portion thereof that is not adapted for overnight accommodations in which at the time of the offense any person is present; or (4)  enters a building or occupied structure, or separately secured or occupied portion thereof that is not adapted for overnight accommodations in which at the time of the offense no person is present.”
Grading.–“(1)  Except as provided in paragraph (2), burglary is a felony of the first degree. (2)  An offense under subsection (a)(4) is a felony of the second degree.”
“(d)  Multiple convictions.–A person may not be sentenced both for burglary and for the offense which it was his intent to commit after the burglarious entry or for an attempt to commit that offense, unless the additional offense constitutes a felony of the first or second degree.”  Here, it would depend on the decision regarding the grading of the theft.  

ETA additionally, if Toby were to sue Hanna for what she has done, she could be found LIABLE for the TORT of INVASION OF PRIVACY.  Pennsylvania follows the second restatement of Torts. Intrusion on Seclusion (in relevant part): Restatement (Second) of Torts § 652B: “One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.”  

Broken Law # 7 Alert! : 18 Pa. Cons. Stat. § 3921.  Theft by unlawful taking or disposition.
(a)  Movable property.–A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with intent to deprive him thereof.
(b)  Immovable property.–A person is guilty of theft if he unlawfully transfers, or exercises unlawful control over, immovable property of another or any interest therein with intent to benefit himself or another not entitled thereto.
The punishment would depend on the determination of the value of the medical records.  These decisions are made on a case-by-case basis.  

I’m beginning to think that Hanna just enjoys getting arrested! 

The reason Hanna returned with TOBY’S file and not Jenna’s is because it turns out this was his doctor and Jenna only went there for one visit to talk about how she felt about Toby coming back home.  The file contains information about Toby and Jenna having an inappropriate step-sibling sexual relationship.  There’s a flashback to Ali screaming at Toby that she has looked through his window and “If you talk, I’ll make sure everybody knows you were doing it with her!”

Legal Note: Some states have anti-voyeurism statutes forbidding someone to look through a person’s window that way.  However, in order for Pennsylvania’s law to apply, the person must be looking through the window for her own sexual pleasure/gratification.  

I don’t know what type of things Ali’s into, but I don’t think that’s what she was doing.


ETA** but she could have been liable for the above mentioned tort of invasion of privacy in the same way that Hanna could be liable to Toby.  These girls just keep invading that boy’s privacy, but HE is supposed to be the creepy one?

Broken Law # 8 Alert: Intimidation of Witness or Victims (in relevant part): Pa. Stat. Ann. Title 18 § 4952: Click on that link for a reminder of our discussion of the illegality of Ali’s threatening Toby in the entry on “To Kill A Mocking Girl.” 

Back in real time, the girls, armed with only a stolen file and a tattoo as their “proof,” have deemed Toby a murderer.  He killed Ali, end of story, commence blowing up Emily’s phone.  Toby begs Emily not to answer her phone because he wants Emily to know what he did last summer.  Emily begins to get freaked out by Toby’s demeanor and behavior.  She gets even more afraid when she receives a text from one of the girls that reads, “You’re with Ali’s killer.  We have proof!”  


Emily turns to leave and Toby grabs Emily’s arm and tugs it, begging her to wait and listen.  Emily pounds Toby in the face and shoves him as hard as she can… into GLASS!  Hello there, broken law.


(Potential) Broken Law # 9 Alert! : Aggravated Assault :  18 Pa.C.S. § 2702: “a)  Offense defined.–A person is guilty of aggravated assault if he:  (1)  attempts to cause serious bodily injury to another…”  

(b)  Grading.–Aggravated assault under subsection (a)(1)… is a felony of the first degree.”

**This is labeled as a potential broken law, because depending on how hard Toby grabbed her arm (I couldn’t really tell if he used a lot of force or not), she could have had a reasonable belief that she needed to use that amount of force to protect herself.  If so, Emily might have the justification of self defense.  18 Pa. Cons. Stat. § 505 (in relevant part) : “the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion…”


Of course if it were to be decided that Toby used enough force when he grabbed Emily’s arm, he could be found guilty of simple or aggravated assault.  We have finally reached a conclusion of the broken laws in this episode!


This is definitely not your typical homecoming dance.


Emily notices Toby’s tattoo and knocks a stool loudly onto the floor in a fit of horrified rage.  She runs away, and Toby chases her.  She’s terrified, but it doesn’t actually seem like Toby was chasing her in a threatening way.  Emily runs frantically while screeching, “get away from me” and “leave me alone!”  Then she falls flat on her face by no fault of Toby’s.


The episode ends with someone, presumably “A,” painting over the population sign in Rosewood indicating that there is one less person living in the town now.  


Alright, that’s all for now.  Thanks for your patience, this entry took a lot more research than I expected.  I’ll catch you next time for the Homecoming Hangover!