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Hornets apologize after pretending to give child PS5 and taking it away off camera - Yahoo Sports (sports.yahoo.com)

submitted 4 days ago* (last edited 4 days ago) by [email protected] to c/[email protected]

142 comments fedilink hide all child comments

The skit that "missed the mark" occurred in a break in play during the second quarter of Charlotte's game against the Philadelphia 76ers on Monday. The child was brought onto the court with Hugo, the Hornets' mascot, dressed as Santa Claus. After a letter to Santa requesting a PS5 was read out loud, a cheerleader came out with a bag containing the video game console.

The young fan was visibly overjoyed as he received the pricy gift. However, according to an online acquaintance, he was less happy when the cameras turned off and a Hornets staffer took it away, replacing it with a jersey.

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[–] tyler 1 points 2 days ago (1 children)

because you said they never intended on giving the kid the gift. It doesn't matter what they intended. They literally did give the kid the gift. and it isn't a joke in any sense of the word. They gave the kid a gift, turned off the cameras, and took it back and gave him something else. That's just theft. It's not a joke, there's nobody that would see it as a joke, it's not even possible to interpret it as a joke, as who would be the audience?

[–] [email protected] 0 points 2 days ago* (last edited 2 days ago) (1 children)

Gift law, what the original person was talking about, literally states that the donor must intend on giving the gift.

The donor of the gift must have a present intent to make a gift of the property to the donee.

If you come over to my house and say "hey, nice PS5" and I say "you want it? It's yours!" and then before you leave I say "I was just joking, you can't leave with my PS5." You really think you can go to the police and have me charged with theft?

[–] tyler 1 points 1 day ago (1 children)

If you did it on fucking tv then yes, you absolutely can, you’ve made your intent clear to tens of thousands, if not millions of people. You don’t get to take the intent back when the cameras turn off. The timing here matters.

[–] [email protected] 1 points 1 day ago

That's mixing up actions with intent. Their actions made it seem like it was a gift, sure. Their intent was that it was a prank. They even told the uncle it was a prank from the start.

If I go to a store an stick a PS5 into my jacket I can't be charged with theft. It looks like theft, but intent to steal needs to be shown. How do they know my intent isn't to pay for it? It's not theft until I leave the store without paying. Just like sticking a PS5 into my jacket isn't instantly theft, handing someone a PS5 isn't instantly a gift. Actions and intent are different things.

The article has been updated to say they're actually giving the kid a PS5 because of the bad press so in the end they're doing the right thing anyways.