Posting an Advertisement in Somebody Else's Name

My question involves criminal law for the state of: Michigan.
MCL 750.411s Unlawful Posting Of Message. I put advertisement with my ex's name in it saying these items fit comfortable for her. She says it caused her emotional distress and she felt harassed. She had me blocked on facebook and her co workers mind you I never met told her about the ad and then she informed the police saying she wanted to press charges for something. I then a month later was arrested. I didn't post a message so doesn't this law not apply to this incident? The moment I posted the ad shortly after within the hour it was taken down.

750.411s Posting message through electronic medium; prohibitions; penalty; exceptions; definitions.
… (8) As used in this section:
… (i) “Post a message” means transferring, sending, posting, publishing, disseminating, or otherwise communicating or attempting to transfer, send, post, publish, disseminate, or otherwise communicate information, whether truthful or untruthful, about the victim.

Posting an advertisement certainly is a means of communicating information. Since you specifically named your ex in the ad, it is also certainly information about the victim.

In broad terms, a message is "a verbal, written, or recorded communication sent to or left for a recipient who cannot be contacted directly." In narrower terms, the act of posting a message is defined in the statute, and would encompass posting an "ad". When you posted some sort of ad in your ex's name, that was a message.

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Quoting Mr. Knowitall

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In broad terms, a message is "a verbal, written, or recorded communication sent to or left for a recipient who cannot be contacted directly." In narrower terms, the act of posting a message is defined in the statute, and would encompass posting an "ad". When you posted some sort of ad in your ex's name, that was a message.

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This is exactly what the post said: Pink Medium. Her Name wore them if that gives a description what size they fit comfortable. Thats all it said where is there a message in that. I assumed if they knew this person they would know if those items would fit them how is this violating that law its not a message its advertisement.

How would they prove that I knowingly would assume that this ad would make her feel emotionally distressed and harassed?

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Quoting Juan2195

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How would they prove that I knowingly would assume that this ad would make her feel emotionally distressed and harassed?

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Because that is why you did it, to make her feel emotionally distressed and harassed. Own up to it.

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Quoting Juan2195

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This is exactly what the post said: Pink Medium. Her Name wore them if that gives a description what size they fit comfortable. Thats all it said where is there a message in that. I assumed if they knew this person they would know if those items would fit them how is this violating that law its not a message its advertisement.

How would they prove that I knowingly would assume that this ad would make her feel emotionally distressed and harassed?

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Why would you put her name in it? Just put the sizes and women will figure out if it fits them or not. We are not idiots. We know what sizes we wear. Where did you post it at? An exchange page? Why are you selling your ex's clothes?

There was no need to use her name at all and you know it.

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Quoting Juan2195

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This is exactly what the post said: Pink Medium.

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You left out a word... perhaps, "underwear"?

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Quoting qwaspolk69

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Why would you put her name in it? Just put the sizes and women will figure out if it fits them or not. We are not idiots. We know what sizes we wear. Where did you post it at? An exchange page? Why are you selling your ex's clothes?

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There was no need to use her name at all and you know it. I needed the money because of a phone she destroyed. I did not think she care because I sold things that she left here before with her permission. After our break up. It was on a garage sale site on facebook. She had me blocked and we had agreement before this post not to contact each other in any form. I was just trying to sell them quick and I thought it would sell if they new who fit them well. This is being pursued way too much and this law is ridiculous on feelings. How would I know how she would feel if I had no way ever communicating with her at all. If I knew I needed permission to sell an item with her name I would have asked permission.

She had me blocked on facebook and people that saw her purchase this items before so I don't understand why she would be so distressed on items she chose and paid for. We had agreement nbot to contact each other as well. If I knew I needed her permission I would have asked for it before hand like I did before.

Your story is not credible. If you were trying to sell your ex's property to people who know her so well that they know her size, there would be no need to be posting the ad to Facebook.

It wasn't her property and prior to this post she said I could sell everything she left at my home and I was told by a friend that lingerie is difficult to fit that is why I used her name because if people did know her they know what size would fit comfortable. I did not know her co workers and the small amount of friends she did have. She has an odd shaped body that it is why I used her as a description.

Rather than sharing such a ridiculous story with the police, I suggest exercising your right to remain silent and, if it looks like you're going to be charged, retaining a lawyer to represent you.

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Quoting Juan2195

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There was no need to use her name at all and you know it. I needed the money because of a phone she destroyed. I did not think she care because I sold things that she left here before with her permission. After our break up. It was on a garage sale site on facebook. She had me blocked and we had agreement before this post not to contact each other in any form. I was just trying to sell them quick and I thought it would sell if they new who fit them well. This is being pursued way too much and this law is ridiculous on feelings. How would I know how she would feel if I had no way ever communicating with her at all. If I knew I needed permission to sell an item with her name I would have asked permission.

She had me blocked on facebook and people that saw her purchase this items before so I don't understand why she would be so distressed on items she chose and paid for. We had agreement nbot to contact each other as well. If I knew I needed her permission I would have asked for it before hand like I did before.

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Do you live in a small town or something? Otherwise how would using her name help someone know how they fit? Also just because they fit her well does not mean they would fit some other person well even if that person might be the same size as her.

All you had to do was post the sizes. That is it. Any woman wanting to buy the clothes would have known if they fit or not based on the sizes. You had no need to use her name. It does not matter what she has done before. You are a giant douche and you need to just stop selling her stuff. Go leave it on her doorstep. It is not yours to sell anyway. Stop using her name in selling clothes. You did it to be a jerk and that is all there is to it.

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Quoting Juan2195

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It wasn't her property and prior to this post she said I could sell everything she left at my home and I was told by a friend that lingerie is difficult to fit that is why I used her name because if people did know her they know what size would fit comfortable. I did not know her co workers and the small amount of friends she did have. She has an odd shaped body that it is why I used her as a description.

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How was it not her property? You said "my ex's clothes." Really? She has an "odd-shaped body?" According to whom? You? Stop using your ex's name on stuff, especially when talking about her size.