Sexual Harassment Over Texting

My question involves criminal law for the state of: California (Santa Barbara)

Hello,

My girlfriend recently visited a bicycle shop because she needed assistance fixing something on her road bike. She told me that at first the man helping her was very talkative and "nice", however as the conversation progressed he began to make references to a photography hobby of his. It turns out he likes to photograph young girls nude and insisted that he photograph my girlfriend (22). She left the shop and a few minutes later, she received a text message with nude photos of other women asking her what she thought. She didn't reply. I asked her if she had given him her phone number, but then I realized the only way he could have gotten her number is by accessing the business contact list that the bike shop keeps for its customers. She confirmed this. Up until now, he has continued calling and text messaging even though my girlfriend has not replied to any of his messages. She didn't tell me about this until yesterday and she erased the nude photos.

I am choosing to seek legal suggestions from this website before I seek professional advise. I am tempted to visit the bike shop myself and tear this a**hole up since it's not the first time I've had this kind of problem but I know that's not the best approach. Lesson learned.

In summary: Isn't there something wrong with obtaining private customer information from business records? Is this considered harassment?

Please help. The more time I wait, the more I am tempted to just go over myself get this dealt with.

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am tempted to visit the bike shop myself and tear this a**hole up since it's not the first time I've had this kind of problem

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Oh, honey baby, no. YOU aren't having any problem at all. You are not being harassed. YOUR GIRLFRIEND IS. She is a human being separate and apart from you, not your property that you need to run out and "protect".

That your girlfriend has already deleted the photos makes it a bit harder to get the cops to pay it any mind, but she should file a police report, and then block the number that keeps contacting her from her phone. Depending on her carrier, she can either do that through her account settings on her carrier's website, or she can contact her carrier and ask them to put the block in place. If the harasser is not the owner of the shop, she should also contact the owner of the shop and clue him/her in to the type of creeper s/he is employing.

Thank you for the prompt reply,

I think you misunderstood. I do not think she is my property nor do I think I am the victim. The fact that I mentioned that I have had this kind of problem before relates to a previous relationship of mine where I took matters into my own hands. However this is besides the point of the thread and admittedly irrelevant. I am protective, however I don't think any girl should be subject to such depravity.

I will contact the owner today. Is there seriously nothing illegal about an employee obtaining personal information from an employer's system? Specially for this sort of thing?

Can I ask her to ask him to text back the pictures for proof?

This is not a crime. It is improper, rude and crude, but hardly unlawful.

If you go hands on with this lout you could and probably would be charged with battery. The best bet would be for your girlfriend to speak with the manager of the store and complain.

There is nothing nefariously criminal about what happened to my knowledge. He will possibly be fired for contacting a customer. He is attempting to solicit a model. He was showing her examples of his work, to assure her he was a genuine photographer. She needs to make it clear she has no interest. She should report the problem to his boss. There is no "you" in this.

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Quoting cdwjava

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This is not a crime. It is improper, rude and crude, but hardly unlawful.

If you go hands on with this lout you could and probably would be charged with battery. The best bet would be for your girlfriend to speak with the manager of the store and complain.

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Thank you for the clear, concise and informative answer.

I think anytime anybody is personally offended it becomes automatically unlawful in our minds. At least I am culprit of this.

Thank you for your help. I really appreciate it.

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Quoting EH876

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Can I ask her to ask him to text back the pictures for proof?

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what do you expect police to do about pics she asks for?

And proof of what? It is not unlawful to text nude pics to anther adult in CA unless the person receiving them is being harassed and has made reasonable efforts to tell the other party to stop. And, if she asks, THAT would go out the window.

At this point, the OP should simply let his girlfriend speak to the manager and complain ... big time!

And seriously - when we tell you that your girlfriend, not you, needs to make the complaint, we mean that. If SHE complains, the owner is much more likely to take the issue seriously and address it than if a legally unrelated third party does so.

Yep. If YOU make the complaint, the employee might allege that your girlfriend agreed to the communication and expressed an interest in nude modeling for him. If SHE makes the complaint it might be harder for him to weasel out of it.