(Warning: The above is VERY dirty and definitely NSFW.)

There is no greater crime in the comedy world than joke thievery. Once a comedian gets accused of being a joke thief by a peer, it becomes extremely difficult for them to win back the respect within the tight-knit comedy community (see: Louis C.K. vs. Dane Cook, or Joe Rogan vs. Carlos Mencia). But what happens when the originator of a bit that may or may not have been appropriated by another comedian is dead? This is the situation that Amy Schumer, one of the most popular and famous comedians in all the world, finds herself in today.

In his review of Amy Schumer: Live At The Apollo, Decider contributor Sean L. McCarthy noted the following:

With apologies perhaps to the late great Patrice O’Neal, Amy Schumer has her own real and imagined sex positions she wants to lay on us, from the Dirty Rochester to the Dolphin, the Alaskan Pipeline, the Raccoon, the Abraham Lincoln, and the Houdini — “which is rape. It’s just rape.”

Shortly after his review went live, none other than Amy Schumer herself responded to the implied similarities between her material and O’Neal’s on Twitter:

So, this got us wondering: How close, exactly, are these two bits? Decider put together this video that combines Amy Schumer’s material from her Live At The Apollo HBO special (taped in May 2015 and now available to stream on HBO Go and HBO Now) with Patrice O’Neal’s infamous-in-comedy-circles bit from his Nasty Show (taped circa 2007). Let’s examine the evidence.

It seems pretty clear to us that this seems to be an instance of what scientists might describe as “multiple discovery.” Others might describe it as linear thought. These two jokes are certainly similar, but just as certainly they are not identical. These sex acts described by the late O’Neal—he died in November 2011 at the age of 41 after suffering a stroke— and Schumer not only contain different descriptive phrases (the Gorilla Mask vs. the Abraham Lincoln, the Poltergeist vs. the Houdini), but if you’re looking at them from a structural perspective, they have different punchlines. That said, they are quite similar in nature, but almost in a “public domain” sort of way.

Also, for what it’s worth, Schumer and O’Neal were tight. Here they are laughing with each other on the dais of the Comedy Central Charlie Sheen Roast in September 2011.

The problem that we think Schumer might run into here surrounds the issue of absolution. If Patrice O’Neal were still alive today, he would find himself in the position of power in this situation. There’s little doubt that, by now, he would have either absolved Schumer of any guilt -OR- held her feet to the fire on social media. However, since he is not around to weigh in, the verdict on Schumer’s innocence (or guilt) will be decided by the court of public opinion. And, as we all know, in the age of social media, this is NOT where you want your case to be tried.

Schumer has already plead her case (and, because of the good will she has engendered throughout her distinguished career thus far, will likely receive the benefit of the doubt). Now, what say you? Let us know in the comments below.

[Stream Amy Schumer: Live At The Apollo on HBO NOW & HBO GO]