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Texas Teen Arrested Under New Online Harassment Law
SpaceGhost sends in a story from San Antonio, TX: "Police have arrested a 16-year-old girl on charges of harassment under a new Texas law that took effect September 1, 2009. H.B. 2003 says a person commits a third degree felony if the person posts one or more messages on a social networking site with the intent to harm, defraud, intimidate or threaten another person. Police say the harassment went on for a few months and involved a dispute over a boy. ... Some people expect legal challenges to the constitutionality of the new Internet law.' The law is evidently a response to the Lori Drew case.
"I respectfully submit that the defendant is a Meanie-Head in the first degree!"
"My client wishes the court to know that the witness, in fact, 'started it'."
Sorry to reply to myself but I found a list of felonies in the third degree for the state of Texas if you want to compare this new law to older laws resulting in the same degree of punishment. Apparently a third degree felony punishment (as noted in my parent post) can be meted out for anything ranging from arson to assault to conducting a game of bingo without a license.
My work here is dung.
Having been a victim of such harassment in the past myself I agree wholeheartedly, I reported it to the police however they fairly resoundingly didn't appear to give a toss.
Given how common it is for one's name to be googled by others these days online harassment can be every bit as damaging as real life harassment, it caused me quite serious upset for some months. This wasn't merely some childish dispute but an ex looking for revenge over every medium possible, creating profiles on facebook, bebo, myspace and various other websites with the specific intent of causing me as much damage as possible.
While I'm in no means in favour of putting the internet under any form of state control this sort of activity warrants police attention and needs to be against the law. It strikes me as insane that so much focus is put on policing the internet to stop file sharers as opposed to protecting the individual.
Here's the text. Basically all it targets are people who harass others online assuming another person's identity. One girl creating a profile for another, where she claims to be a homosexual drug user who steals to support her habit would fall under this. Generic harassment doesn't. About the only thing that is far-reaching, and it's likely based on ignorance, is the "domain address" language which could be twisted by a prosecutor.
Perhaps the law goes too far on the punishment side, but it doesn't prohibit any behavior which is protected by the first amendment. Only a moron would say "there are first amendment issues" since this law is little more than a double whammy on libel and slander.
Do you believe this girl deserves a minimum stint of 2 years in jail with a maximum of 10 plus a fine up to $10,000? We don't know the details, but regardless, the State of Texas will destroy her life for something she did when she was 16. Our country doesn't rehabilitate people, she won't end up with simple counseling, she will end up in prison for what amounts to stupid shit. The brain is not fully developed by 16, hormones are definitely unstable at 16, and yet she has been charged with a felony for saying something stupid.
By the time her "victim" is in her mid-20's she will likely think nothing of it, but the "assailant" could still be in prison. And because of our wonderful penal system, she will likely be black marked for life and moving in and out of the criminal system. Why this couldn't be stopped at a much lower level, I don't know, but by using this method instead of others our "victim" and "assailant" will very much reverse roles.
Hopefully, she can get a good judge who will she the long term effects of charging her as a felon and reverse course, but I don't have that sort of faith in humanity.
The punishment doesn't even matter. If she has a felony conviction she's fucked.
Almost every company out there now does background checks. While most of them claim "This won't necessarily disqualify you from this position" it most certainly will.
It's a scarlet letter that keeps people that made some mistakes in their lives down. I have a few friends that are really decent people that made some stupid mistakes when they were 19/20/21 and such, and now 10 years later they still can't get work at a lot of places. Basically, they did what a lot of kids did, but they got caught..
- It's not the Macs I hate. It's Digg users. -
Meh! Kirk has a goat in every port. Who does Picard have to come home to?
An acting career?
Do Or Do Not, There Is No Spoon, There Is Only Zuul. Everything in the above post is probably opinion.
"these dag-blasted kiddies think they know it all! and they think theyre soooo special! Sometimes they have the gall to do weird things i dont approve of and they dont want to listen to my complaining! these confounded kids call the sheriff when theres a disagreement instead of just fighting like i did back when i was a kid! I live in a peppridge farm commercial where nobody needs the police and you only call the sheriff when mountain justice wont work! "
mod parent down...just becuse you use big words doesnt mean you suddenly become insightful.
Good people go to bed earlier.