MySpace Harassment

[Soft_Touch]

Agreed. Unless they believe the victim is in danger, police rarely enforce harassment laws. I can't blame 'em. I don't want my tax dollars wasted because somebody offended their fried/neighbor/family member!

I would tend to agree. If the choice is between investigating someone causing a damage to life or property and someone who is saying untrue things, I think the priority is pretty obvious.

[Soft_Touch]

How is it harrassment when all she has to do is ignore it? She is the one going there to read it.

A majority of harassment falls into the "all she has to do is ignore it" category. And yet it's still harassment just the same.

[blueeagle]

I would tend to agree. If the choice is between investigating someone causing a damage to life or property and someone who is saying untrue things, I think the priority is pretty obvious.

Agreed. My neighbor and I used to get into it alot. I would cuss him out for abusing his wife, and he would threaten to "kick my ass", but we never called the cops on each other. I'm not gonna waste tax payer money because somebody threatened me. I was waiting for him to follow through on his threat. He never did. I guess he's to big of a coward to pick on somebody who could fight back.

[Happy Trails]

A majority of harassment falls into the "all she has to do is ignore it" category. And yet it's still harassment just the same.

I respectfully disagree. First she doesn't even say she is being threatened and second, she is the one that is reading what they wrote. It wouldn't affect her if she didn't log in and see what they were writing.

Texas statute for harrassment:

§ 42.07. HARASSMENT. (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, he:

(1) initiates communication by telephone, in writing, or by electronic communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;

(2) threatens, by telephone, in writing, or by electronic communication, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of his family or household, or his property;

(3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury;

(4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another;

(5) makes a telephone call and intentionally fails to hang up or disengage the connection;

(6) knowingly permits a telephone under the person's control to be used by another to commit an offense under this section; or

(7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another. (b) In this section: (1) "Electronic communication" means a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system. The term includes: (A) a communication initiated by electronic mail, instant message, network call, or facsimile machine; and (B) a communication made to a pager. (2) "Family" and "household" have the meaning assigned by Chapter 71, Family Code. (3) "Obscene" means containing a patently offensive description of or a solicitation to commit an ultimate sex act, including sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function. (c) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section.

[Soft_Touch]

I respectfully disagree. First she doesn't even say she is being threatened and second, she is the one that is reading what they wrote. It wouldn't affect her if she didn't log in and see what they were writing.

Texas statute for harrassment:

§ 42.07. HARASSMENT. (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, he:

(1) initiates communication by telephone, in writing, or by electronic communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;

(2) threatens, by telephone, in writing, or by electronic communication, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of his family or household, or his property;

(3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury;

(4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another;

(5) makes a telephone call and intentionally fails to hang up or disengage the connection;

(6) knowingly permits a telephone under the person's control to be used by another to commit an offense under this section; or

(7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another. (b) In this section: (1) "Electronic communication" means a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system. The term includes: (A) a communication initiated by electronic mail, instant message, network call, or facsimile machine; and (B) a communication made to a pager. (2) "Family" and "household" have the meaning assigned by Chapter 71, Family Code. (3) "Obscene" means containing a patently offensive description of or a solicitation to commit an ultimate sex act, including sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function. (c) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section.

Refer to the bolded sections which are applicable according to the OPs statement, unless the OP is exaggerrating the claims or otherwise misrepresenting. You do not have to threaten to harass.

Doesn't say anything in that statute about "unless the person being harassed reads what is being said, then all bets are off."

[Happy Trails]

Refer to the bolded sections which are applicable according to the OPs statement, unless the OP is exaggerrating the claims or otherwise misrepresenting.

Doesn't say anything in that statute about "unless the person being harassed reads what is being said, then all bets are off."

He is not sending them to her.

[blueeagle]

I say the OP show us this myspace page. Maybe then we can assist her better?

[Soft_Touch]

He is not sending them to her.

That is not what the statute says nor is it how they have been interpreted. When you hit "post" on the internet, you have electronically "sent" the communication.

[Soft_Touch]

I say the OP show us this myspace page. Maybe then we can assist her better?

Yes - link please!

[Happy Trails]

I say the OP show us this myspace page. Maybe then we can assist her better?

That is an excellent idea, but it may be too personal.

If the OP could convey more of what is going on, no one should give the OP false hope that she has options to take action under the law.

However, I liked the advice on possibly being able to do something if they are violating the TOS rules.