Does this case meet Mens Rea?

Dear Reader,
Based on the information provided in this Crime News Article, I have to conclude that the prosecutors from this jurisdiction are going after cases they can win. The resources of the prosecution can not be matched by the single mother in this case. The charges are ridiculous and an example of a government over-reaching into the personal lives of people. Unfortunately this misapplication of statute law criminalizes persons who are not criminal.
The law refers to people with evil intent (Mens Rea) as criminals but this lady is not a criminal because she had no Mens Rea. This silliness is very serious because it reflects a grave issue of individuals who do should not be in positions of power over the immediate/long term lives of those who are under the jurisdiction they “govern.”
 (Mens Rea — As an element of criminal responsibility, a guilty mind; a guilty or wrongful purpose; a criminal intent. Guilty knowledge andwilfulness.  fundamental principle of Criminal Law is that a crime consists of both a mental and a physical element. Mens rea, a person’sawareness of the fact that his or her conduct is criminal, is the mental element, and actus reusthe act itself, is the physical element.)

Undercover sting nabs California mother selling ceviche through Facebook group

By Samantha Schmidt

November 7 at 5:19 AM

(Courtesy of Mariza Ruelas)
Mariza Ruelas never expected a plate of ceviche would lead her to the court house and maybe even a possible jail sentence.
For more than a year, undercover investigators in San Joaquin County, California tracked the sales of food — such as homemade tamales, tortillas and cakes — through a community Facebook group, a sting that Mariza Ruelas called a “waste of time and resources and taxpayers’ money.”
Ruelas, a single mother of six, first came across the Facebook group about two years ago when she needed a last-minute cake for her daughter’s quinceañera, the Hispanic coming-of-age celebration on a young woman’s 15th birthday.
The community forum, 209 Food Spot, allowed Stockton, Calif. residents to share recipes, organize potlucks and occasionally sell or exchange food items.
As a hobby, about once a month, Ruelas began offering up her own dishes — a tray of rice and beans in exchange for a birthday cake, her staple chicken-stuffed avocados to those who requested it, she said in a phone interview with the Post.
Then, in July, she received a letter in the mail: she was being summoned to court. Ruelas, along with several other group members, faced citations for two misdemeanors — operating a food facility and engaging in business without a permit. An undercover investigator had ordered a ceviche from her through the Facebook group in October 2015 as part of a sting.
At least a half-dozen other members accepted a plea deal of one year of probation, a $235 fine and 40 hours of community service. Ruelas was offered a deal with twice the community service, three years of probation and the $235 fine, so she refused to accept it, she said.
The single mother of six is headed to trial and faces up to a year in jail for her misdemeanors.
“We didn’t see any harm in that,” she said, of selling and exchanging meals through the group. “There wasn’t anybody selling it daily. A lot of times, they were just getting back what they put into the ingredients.”
She hadn’t ever looked into obtaining a permit, Ruelas said, because she only sold or exchanged food items once or twice a month at most, as a hobby on occasional weekends. It was an activity she enjoyed sharing with her children, ages 6 through 20, who would help prepare and deliver some of the dishes with her.
Sometimes, during the holidays, Ruelas and her children would donate the meals to the homeless, Ruelas said.
“The purpose wasn’t to sell food,” Ruelas said. “We wanted to bring something positive to our community.” She mentioned Stockton’s high crime and soaring homicide rates.
“They took the time to be investigating for over a year now,” she said of her case. “But they can’t solve all these unsolved murders?”
Kelly McDaniel, the San Joaquin County Deputy District Attorney, told the local Fox affiliate that the 209 Food Spot Facebook group was sent a warning before charges were filed. She added that selling any food not subject to health department inspection is a danger to the public and undercuts business owners who purchase permits to cook and sell food.
“People are assuming that I was taking from other businesses,” Ruelas said. “It’s not something that I was trying to make a business out of.”
Ruelas has been out of work for two years, for personal reasons and to care for her children. After paying rent, electricity, water and other monthly bills, she only has $200 per month left for food and necessary shopping, she said. Simply paying the $235 fine for her misdemeanors would be a blow to her family’s finances.
Although she rarely earned much of an income from the food sales through the Facebook group, she occasionally received useful items — such as clothes for the kids — in exchange for food. When a neighbor knew she needed furniture for her home, he offered to give her family couches in exchange for a home-cooked meal.
“I have two kids that are going to have a birthday party next week and I have no idea what I’m going to do about it,” she said.
On Sunday, Ruelas posted a message from her 17-year-old daughter, Mariyah, on Facebook. She said she didn’t want to be home when her mother made phone calls to her lawyer or to reporters about the case. It scared her, she wrote, thinking about her mom going to jail and leaving her and her siblings without a parent.
“That’s just sad,” Ruelas wrote in the Facebook post. “I need this done already so we can just breathe.”

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