05 Criminals Who Got Away Because They Broke Laws That Didn’t Yet Exist

Some believe there is a universal good, an inherent sense of right and wrong that is independent of human beings and our notions of laws and justice. It is this universal "right" that makes us feel that things have gone wrong if a criminal got away with a crime. But this is how human law works and sometimes the criminal is not guilty at all, simply because no one has yet come to write the crime in the law book. Is a person guilty if the law he has broken is not yet a law?

1. Stock Market Fraudsters Who Hacked the French Semaphore System

They say information is power and in many cases it can be money if you know what to do with it. These days information travels in the blink of an eye, and the Internet can transmit messages at the speed of light. But in 1834, it took a little longer. This means that two bankers from France, Francois and Joseph Blanc, had time to use their knowledge in a way that people do not have today.

In the 18th century, France created a semaphore, a series of towers that could transmit messages with flags. Reposition the flags and you can spell the words so someone at another flag tower 20 miles away can see them through binoculars, write a message, and then signal the next flag tower 20 miles away. Use flags. The network consists of 556 constellations spread over nearly 3,000 miles.

The Blanc brothers were eager to make money on the stock exchange, but news traveled slowly by mail in those days, so what happened in Paris took time to reach Bordeaux. The brothers paid someone to send a signal operator an encrypted packet containing confidential information about the stock market, which was intercepted by a former operator in Bordeaux who decrypted the messages for the brothers. This allowed him to learn about the stock exchange and make some serious money with his inside knowledge before anyone else.

The brothers are arrested when the person who sent their coded signal falls ill and tries to recruit a replacement who tells the authorities. The problem with the authorities was that whatever the brothers did was not against the law at the time. A new law was enacted shortly afterwards, but the brothers had no effect.

2. The Grandmother Who Tried to Sell her Grandson

In 2008, Tracy Martin tried to sell her two-week-old grandson to Paula Best for $2,000. She was also going to put it in the car. The best authorities were alerted because, evidently, there was a problem and the child was taken into protective custody during Martin's arrest.

While this might seem like a fitting end to the matter, it wasn't as cut and dry as it might seem. Martin was arrested, but it was because of a violation warrant in another state. At the time, Mississippi, where Martin lived, had no laws prohibiting the sale of children, so he could not be charged with trying.

Surveillance reforms soon followed, and there's now a law on the books in effect ever since.

3. The Man who Created the Infamous I Love You Virus

In the year 2000, the Internet was terrified of a virus known as I Love You and/or The Love Bug. It was the largest computer virus in history and infected 45 million computers. After that time, Unal de Guzman, a man from the Philippines, discovered the virus. For 20 years, she denied having anything to do with him until she finally confessed to reporters, claiming her intentions weren't as bad as they seemed. All he wanted to do was steal some passwords to get online without paying for it.

The virus, which steals passwords, overwrites files, and duplicates all of your contacts as they are sent, is estimated to be worth billions of dollars in damage and disruption. But Guzmán was never held accountable because the Philippines did not have a law on the books regarding the creation of computer viruses.

4. Jane Wenham Was Tried as a Witch 

The Salem Witch Trials remain a dark place in American history when countless women were falsely accused of witchcraft and other foolish things and many were executed as a result. So-called witches are also being persecuted in Europe. And while some people were clearly caught up in the excitement, not everyone was so tough or ruthless.

In 1712, Jane Wenham was accused of witchcraft. He was brought to trial and a witness against him provided evidence of his crimes. They saw him fly on a broomstick. However, the judge at trial was not a man inclined to believe any fictional story. He pointed out that there is no law prohibiting flying. Unfortunately for Wenham, the jury still found him guilty, and he was sentenced to death. However, the judge ordered a stay of execution pending appeal, so he was not executed for the alleged crimes.

5. William McBoyle got away with Stealing an Airplane 

Steal a plane these days and you could get a few years in jail for your efforts. It's not all that different from having a car stolen. But that's only because we've had planes for a while and there are a lot of rules about it. In 1926, the world was a different place and airplanes were relatively new.

At the time, William McPowell was able to steal an airplane because airplanes were not yet legally considered vehicles. When McDowell was arrested for stealing a plane and hiring a man to bring it to him, he was charged under the National Motor Vehicle Theft Act. The law defined a “vehicle” as “a car, car truck, auto camper, motorcycle, or other self-propelled vehicle not designed to operate on rails.” McPowell's defense was clear: None of these things described an airplane.

The Tenth Circuit Court upheld his conviction, but the Supreme Court did not. His conviction was overturned and McPowell was released due to the too literal reading of the statute.