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When do Mean Statements Become Harrassment

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  • 04-01-2017, 08:37 PM
    PTPD22
    Re: When do Mean Statements Become Harrassment
    The statements you give are not death threats nor do they meet the definition of “harassment” as used in RCW 9A.46.020. However, they COULD constitute a violation of the stalking statute, RCW 9A.46.110. If these or similar statements were directed to another person two or more times (especially if after being told not to contact that person again), they could certainly be viewed as intended to cause the other person emotional distress.

    RCW 9A.46.110
    Stalking.
    (1) A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime:

    (a) He or she intentionally and repeatedly harasses or repeatedly follows another person; and

    (b) The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and

    (c) The stalker either:

    (i) Intends to frighten, intimidate, or harass the person; or

    (ii) Knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.

    (2)(a) It is not a defense to the crime of stalking under subsection (1)(c)(i) of this section that the stalker was not given actual notice that the person did not want the stalker to contact or follow the person; and

    (b) It is not a defense to the crime of stalking under subsection (1)(c)(ii) of this section that the stalker did not intend to frighten, intimidate, or harass the person.

    (3) It shall be a defense to the crime of stalking that the defendant is a licensed private investigator acting within the capacity of his or her license as provided by chapter 18.165 RCW.

    (4) Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitutes prima facie evidence that the stalker intends to intimidate or harass the person. "Contact" includes, in addition to any other form of contact or communication, the sending of an electronic communication to the person.

    The term “harassment” in this statute has this definition.

    RCW 10.14.020
    Definitions.
    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
    (2) "Unlawful harassment" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose. The course of conduct shall be such as would cause a reasonable person to suffer substantial emotional distress, and shall actually cause substantial emotional distress to the petitioner, or, when the course of conduct would cause a reasonable parent to fear for the well-being of their child.
  • 04-02-2017, 11:02 AM
    qwaspolk69
    Re: When do Mean Statements Become Harrassment
    The bottomline is that the attorneys who screwed up at the Oscars have stated they have received threats and harassment online. However they did not hire private security UNTIL someone posted photos of their homes online.

    No one in this case has been charged with harassment. They simply hired security because people online are making threats to them and posting their addresses and photos of their homes online to further constitute harassment at their home. I don't blame them for hiring their own security. I'd be worried if some psychos online posted a photo of my home. People need to chill out and stop making death threats over insignificant stuff.
  • 04-05-2017, 02:31 PM
    zags4champs
    Re: Harrassment
    Quote:

    Quoting outofcuriousity
    View Post
    Did you end up getting rid of it ?

    It turned out that the charges that I was upset about my accuser lying about were dropped by prosecution almost immediately on basis of "complete lack of direct evidence." According to my lawyer and the state statutes on witness intimidation, the prosecutors had no choice but to eliminate the felony charge and replace it with lesser misdemeanor "malicious use of a telephone..." one of the goofiest charges I have ever heard of, but it is what it is. So on that basis, yes in Michigan you can actually be charged with being mean to someone but you have to do it with a telecommunications device.
  • 04-05-2017, 08:38 PM
    cdwjava
    Re: Harrassment
    It's not just Michigan. There are a great number of states where threats, harassment, etc. can be accomplished via electronic communications (text, email, messenger, ad nauseum). Bottom line is, don't threaten or harass people. :-)
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