A leading Australian lawyer has warned budding Pokémon trainers of potential legal pitfalls of the game.
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Thousands of players have signed up since the augmented reality app launched in Australia three weeks ago, with players using their smartphones to find and catch Pokémon. However, Slater and Gordon lawyer Emma Aldersea urged players to remember their in-game actions could have serious, real world consequences.
“It’s easy for people to be consumed by the excitement of new technology, but keep in mind that ‘I spotted a rare Pokémon’ is unlikely to be a lawful defence if you get into trouble in the real world,” Ms Aldersea said.
“The biggest legal risk for Pokémon Go trainers is the temptation of trespass, especially when Pokéstops are located on private property, such as schools or people’s yards.
“The penalties for trespass vary from state to state, but fines can run into the thousands and imprisonment terms can be up to one year – remember: there will always be another Zubat.”
Ms Aldersea also warned property owners to be cautious when asking trespassing players to leave, or they could end up on the wrong side of the law themselves.
“If someone enters your property without permission to catch Pokémon, you have the right to ask them to leave,” Ms Aldersea said.
“You can ask firmly, but it is a crime to threaten someone with violence, even if they are trespassing or threatening to set their Charizard on you.”
Ms Aldersea said motorists could also be charged with serious criminal offences if they were caught training while driving.
“Using your phone while driving is against the law, so Pokémon activity behind the wheel is obviously illegal, but you could be facing more than just a fine or loss of demerit points,” Ms Aldersea said.
“If you make driving errors because you were engrossed in the game, you could face charges such as careless or dangerous driving, which are offences that carry prison sentences.
“Additionally, a court could find you were partially or entirely at fault, which could reduce the amount of compensation you can claim if you are seriously injured.
“The same principle applies for distracted pedestrians, cyclists or people who might have otherwise had public liability claims, such as two players in the US who reportedly missed safety warning signs and walked off a cliff while distracted by the game.”