Calvin, think of a 4-12x scope. Fairly normal.

Now imagine you're downrange and see somebody pointing a rifle in your direction.

Are you REALLY going to kill him in cold blood? There's absolutely NO chance that he's not zoomed in on some critter to the left, right, high or low from you and doesn't even see you because he's zoomed in at 12x?

You also really think that in the time it takes for you to see him in your binocs, then for you to lower them, bring up your weapon, sight on him and fire.. that he won't have killed you if that was his purpose?

Murder 1, premeditated. Life in prison. Any prosecutor who's ever been in the field will have you being bubba's girlfriend for the rest of your life. Maybe get it reduced to negligent homicide. Of course you'll be broke from defending against the civil wrongful death lawsuits.