Cyberstalking is a crime

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Cyberstalking is a crime

Post by E_ »

With most of us being on forums, facebook, etc. more and more here lately and the issues/intrusions this can cause I thought I would post some information so many would have some information. This is especially useful for those of us that have children in school but also for us adults as there are even some adults in this world that still feel the need to be harrassing and intrusive. This can be in forms of forum posts (thus our rule on personal attacks etc) or via e-mail or even text or Pic messages. If you do fall victim to anything like this remember DO NOT REPLY, do not delete. If serious enough contact the authorities as most states now has laws to handle this evergrowing issue. ;)



http://www.wiredsafety.org/cyberstalkin ... crime.html
Cyberstalking is a crime which most people have heard about by now

We read about cases in the newspaper of how young woman are smitten by seemingly very romantic men whom they meet and have a relationship with, exclusively online. Next they excitedly fly to meet their "true love" only to be kidnapped, and in the worse cases, murdered. But does that mean every case is this severe? No! There are far more, everyday cases that are mild in comparison to these, but yet very emotionally painful.

We at WiredSafety receive requests for help from ordinary people, adults and teens, who are harassed by intrusive e-mails, threatening e-mails, real life 'phone calls from someone whom the victim only knew online, for example. The emotional response vary according to the seriousness of the stalker's behavior. Some who write to us are annoyed, in other extreme cases, however, they are scared-to-death!

It matters little if the source of harassment is only "online". The feeling of being having one's e-mail interrupted, or that one is being "watched" somehow, is very disturbing. In addition, there can be much confusion in some situations. One never knows if they are receiving communication from a man, woman, or teen. Every piece of information could be a lie.

Reactions of fear, anxiety, confusion, hopelessness and other feelings can emerge. As disturbing as these feelings may be, and surprising as this might seem, these are normal reactions to the crime of cyberstalking.
THE US COMMUNICATIONS DECENCY ACT OF 1996

While the Communications Act referred only to "interstate or foreign communication (harassment) by means of telephone", the amended version proposed in 1996 (called the Telecommunications Act) changed that text to refer instead to "interstate or foreign communication (harassment) by means of a telecommunications device." This change was brought about directly by the rise of harassment on the rapidly growing Internet, and the subsequent lack of legislation to deal with it.

Title V of this bill was named Obscene Or Harassing Use Of Telecommunications Facilities Under The Communications Act Of 1934. Section. 501 of this new bill named it the Communications Decency Act of 1996, and proposed to amend the Communications Act to make illegal the use of a telecommunications device (i.e. including Internet technology) that:

makes, creates, or solicits, and initiates the transmission of, any comment, request, suggestion, proposal, image, or other communication which is obscene, lewd, lascivious, filthy, or indecent, with intent to annoy, abuse, threaten, or harass another person

-or-

makes a telephone call or utilizes a telecommunications device, whether or not conversation or communication ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number or who receives the communications;

-or-

makes repeated telephone calls or repeatedly initiates communication with a telecommunications device, during which conversation or communication ensues, solely to harass any person at the called number or who receives the communication.

These US Federal anti cyberstalking laws were passed in 1996.


http://crime.about.com/od/online/a/web_harass.htm
Man Sentenced for Internet Harassment
South Carolina Man Sentenced In First Federal Prosecution Of Internet Harassment
From Federal Bureau of Investigations
.Filed In:Crime Prevention> Online Safety

James Robert Murphy, 38, of Columbia, South Carolina, was sentenced to 5 years of probation, 500 hours of community service, and more than $12,000 in restitution today for two counts of Use of a Telecommunications Device (the internet) with Intent to Annoy, Abuse, Threaten or Harass.
Murphy was indicted in April 2004, for sending harassing emails to Seattle resident Joelle Ligon and to other employees of the City of Seattle. He pleaded guilty to two counts in June 2004. In sentencing Murphy, U.S. District Court Judge Thomas Zilly told Murphy he "...did not demonstrate the type of remorse he should under the circumstances."


In KY
http://www.lrc.ky.gov/KRS/525-00/080.PDF
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User avatar
E_
Site Admin
Posts: 14818
Joined: Fri Oct 24, 2008 10:26 pm
Marina/Ramp: Currently mostly out of Jamestown but spend a lot of time at the other Marinas.

Pre2012-Conley Bottom Mostly, Waitsboro, Alligator I&II ramps, Leesford, Pulaski County Park (when it has water), Grider, State Dock (via boat), and Jamestown are a few places you might find me.
Location: Kentucky (Lake Cumberland)
Contact:

Re: Cyberstalking is a crime

Post by E_ »

http://news.bbc.co.uk/2/hi/uk_news/engl ... 043743.stm
Text message stalker jailed
A man who stalked a woman using e-mails and text messages has been jailed for five months.
David Cruz, from Catford, south London, befriended Chloe Easton before bombarding her with anonymous messages which "effectively destroyed her life".

The court heard how Cruz, who is originally from America, had offered the 26-year-old a shoulder to cry on while she was going through a messy divorce.

But when Ms Easton made it clear she only wanted to be friends Cruz began a campaign of harassment against her.

The 50-year-old American football coach pleaded guilty at an earlier hearing to three specimen counts of harassment between February and June last year.
http://www.criminaldefenselawyer.com/cr ... ssment.htm
Buy American, the job you save just might be your own.
User avatar
E_
Site Admin
Posts: 14818
Joined: Fri Oct 24, 2008 10:26 pm
Marina/Ramp: Currently mostly out of Jamestown but spend a lot of time at the other Marinas.

Pre2012-Conley Bottom Mostly, Waitsboro, Alligator I&II ramps, Leesford, Pulaski County Park (when it has water), Grider, State Dock (via boat), and Jamestown are a few places you might find me.
Location: Kentucky (Lake Cumberland)
Contact:

Re: Cyberstalking is a crime

Post by E_ »

Another thing to keep in mind for our forum members before they participate in written communication. ;)
http://www.lrc.ky.gov/KRS/525-00/080.PDF

525.080 Harassing communications.
(1) A person is guilty of harassing communications when, with intent to intimidate, harass, annoy, or alarm another person, he or she:
(a) Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written communication in a manner which causes annoyance or alarm and serves no purpose of legitimate communication;
(b) Makes a telephone call, whether or not conversation ensues, with no purpose of legitimate communication; or
(c) Communicates, while enrolled as a student in a local school district, with or about another school student, anonymously or otherwise, by telephone, the Internet, telegraph, mail, or any other form of electronic or written communication in a manner which a reasonable person under the circumstances should know would cause the other student to suffer fear of physical harm, intimidation, humiliation, or embarrassment and which serves no purpose of legitimate communication.
(2) Harassing communications is a Class B misdemeanor.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 125, sec. 5, effective July 15, 2008. -- Created 1974 Ky. Acts ch. 406, sec. 218, effective January 1, 1975.
Just want to watch out for you all. ;)
Buy American, the job you save just might be your own.
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