
If you were the judge in the case of the two social media influencers who climbed to the top of the Empire State Building’s spire, what sentence would you impose?
I’m a bit split on this. On one hand, this stunt was undeniably entertaining. It wasn’t exactly a “victimless crime” (there was allegedly $2K in damage from them breaking in, & taxpayer resources had to be used to apprehend them). But it’s as close to that as you can get.
But on the other hand, there are some real public interest concerns at play here. One is the possibility that the publicity around this case inspired copycat stunts. If more and more people try stunts like this, it’s only a matter of when, not if, people get themselves and others killed.
They also used no safety equipment. While they have experience climbing and doing similar stunts, there was also a degree of luck involved that they did not slip up. If someone were to throw rocks or pieces of furniture from the observation deck, they would be arrested for public endangerment because of the threat falling objects impose on those on the ground. A falling body also imposes a significant public safety threat to those on the ground, as well.
I feel like if the judge were to simply impose a fine, covering the cost of the damage and then some, it would easily be covered by a GoFundMe page due to the publicity and would just be the cost of doing business. They might even profit off of this. This would provide every incentive to others to attempt similar stunts.
I feel like you’d have to impose some actual jail time here - not a lot, but just enough to create a decent public deterrence. And for what it’s worth, doing some jail time over this stunt makes the proposal a bit more romantic and badass, I guess.
But what are your thoughts? How should this case be handled?
https://www.cnn.com/2026/07/01/us/empire-state-building-banner