The film, although known for its many one-liners (“put him in a body bag, Johnny!”), tells the story of a fifteen-year-old Daniel Larusso (Macchio) overcoming teenage obstacles, while trying to survive as the new kid in a new town. Hidden beneath the “coming-of-age” plot, the film’s true meaning of violence and crime is seen. The so-called “martial-arts master” Kesuke Miyagi (Morita) displayed no respect for any personal morals or legal laws. A close examination of the film leaves undeniable examples.
Forty-eight minutes into the film, Miyagi forced fifteen year-old Larusso to drive his car. Daniel protested that he did not want to drive by saying, “I really don’t have a license.” Miyagi’s response was, “Me neither,” meaning that he also did not possess a driver’s license. Recall that in the state of California during the 1980’s, seventeen was the age limit in which a person could operate a vehicle with an unrestricted license. Sixteen was the age limit in which a person could legally carry a restricted license. Fifteen years and six months was the age limit in which a person could operate a vehicle with a learner’s permit.
According to section 12509 of the California Vehicle Code (CVC), “a person who has in his or her immediate possession a valid learner’s permit… may operate a motor vehicle only when the person is either taking the driver training instruction or practicing that instruction, provided the person is accompanied by, and is under the immediate supervision of, a California licensed driver twenty-five (25) years of age or older whose driving privilege is not on probation. The age requirement of this paragraph does not apply if the licensed driver is the parent, spouse, or guardian of the permit holder or is a licensed or certified driving instructor.”
Sections 14602.6 and 14607.6 of the CVC states that when any person operates a motor vehicle without a valid driver’s license, the person shall be subject to any and all penalties and disabilities. Besides being cited for a serious misdemeanor, these penalties described in the CVC give law enforcement officers the authority of towing and impounding the vehicle for thirty (30) days; and/or vehicle forfeiting (by the state).
If Larusso had been over the age limit of fifteen years and six months and possessed a California learner’s permit both he and Miyagi still committed a misdemeanor due to the fact that Miyagi was neither a parent nor guardian of Larusso and possessed no valid driver’s license. This was all done without the knowledge of Larusso’s parent (Lucille Larusso); hence that parent could not be penalized for permitting an unlicensed minor to drive (CVC section 14607).
One hour and twenty-eight minutes into the film, an intoxicated Mr. Miyagi coerced Larusso (a minor) to drink several glasses of hard liquor. During the 1980’s, in the state of California the legal age in which a person may consume alcohol was twenty-one (21) years. According to the Alcohol Policy-Information System (APIS), most, but not all, States have statutes that specifically prohibit consumption of alcoholic beverages by minors. Many States that prohibit consumption apply various statutory exceptions.
For example, some states allow an exception for consumption when a family member consents and/or is present. States vary widely in terms of which relatives may consent or must be present for this exception to apply and in what circumstances the exception applies. APIS codes two types of family member exceptions. One type of an exception for consumption is with parental/guardian consent and/or parental/guardian presence. Some jurisdictions limit family member exceptions to specific locations. For example, a minor might be allowed to consume alcohol with parental consent in their parents' residence, but not elsewhere. It has already been discussed that Miyagi was neither a parent nor guardian of Larusso and definitely not a family member.
Some States also allow exceptions for educational purposes (students in culinary schools), religious purposes (sacramental use of alcoholic beverages), or medical purposes. These exceptions are ruled out as Larusso was not participating in school, religion or in the presence of a licensed medical doctor.
Some States allow an exception for consumption on private property. States vary in the extent of the private property exception which may extend to all private locations, private residences only, or in the home of a parent or guardian only. In some jurisdictions, the location exception is conditional on the presence and/or consent of the parent, legal guardian, or spouse. Recall that Larusso’s parent/guardian was not in the scene and hence not at the private residence of Miyagi.
Although California permits minors to possess alcohol in specified private locations, it is illegal for anyone to provide alcohol to minors in any setting. The furnishing of alcohol by Miyagi to Larusso should not go unnoticed. According to California’s ABC Act And Related Statutes (25658-a), “every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any person under the age of twenty-one (21) years is guilty of a misdemeanor.”
As a result, “any person who violates this section shall be punished by a fine of two hundred fifty dollars ($250), no part of which shall be suspended, or the person shall be required to perform not less than twenty-four (24) hours or more than thirty-two (32) hours of community service…, or a combination of a fine and community service as determined by the court. It is the intent of the Legislature that the community service requirements prescribed in this section require service at an alcohol or drug treatment program or facility or at a county coroner's office, if available, in the area where the violation occurred or where the person resides.” (25658-e)
Had Miyagi been convicted of this crime, it would have resulted in another misdemeanor followed by a fine and/or community service. According to section “C” of the same statute (25658), had Larusso consumed the alcohol and thereby proximately caused great bodily injury or death to himself while riding his bicycle, Miyagi would have been convicted of yet another misdemeanor. “Any person who violates (this) subdivision shall be punished by imprisonment in a county jail for a minimum term of six (6) months not to exceed one (1) year, by a fine of one thousand dollars ($1,000), or by both imprisonment and fine.”
Forty-one minutes into the film, Miyagi committed assault and battery on five high school students, leaving them incapacitated. The fact that these five victims may have been minors makes the offense much greater. In the state of California, assault/battery is when “a person tries to or does cause severe injury to another, or causes serious bodily injury through use of a deadly weapon.”
Make no mistake that Miyagi had at his disposal such deadly weapons, referring to his hands, fist and feet. Under the California Penal Code section 243, “serious bodily injury means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.” Under the same penal code, “injury means any physical injury which requires professional medical treatment.” Such injuries were clearly seen on the five victims when Miyagi and Larusso visited the Cobra Kai dojo the following day (48 minutes and 30 seconds into the film).
According to section 245 of the California penal code, “any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two (2), three (3), or four (4) years, or in a county jail for not exceeding one (1) year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment. When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one (1) year or imprisonment in the state prison for two (2), three (3), or four (4) years.”
After adding these punishments, Miyagi should have received a minimum of at least one (1) year imprisonment in a county jail to a maximum of four (4) years imprisonment in a state prison and/or a fine of ten thousand two hundred fifty dollars ($10,250). As a result of this film, thousands of young children may have learned discipline, perseverance and determination in conquering life’s difficulties. Many however would learn nothing but total disregard for state driving and alcohol laws. Also, thousands of young children throughout the United States joined karate dojos in order to inflict pain on other children, similar to Miyagi’s and Larusso’s physical attack on Johnny Lawrence and his four unsuspected friends.
