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  1. #1
    Join Date
    Nov 2005
    Location
    colorado
    Posts
    1

    Default Harassment on MySpace.com

    Alright, so my situation is that I found out that this guy (who was my friend) was cheating on his girlfriend. I told the girlfriend, and at first, she was very thankful. But now, she's been commenting on my myspace blog and leaving very rude comments...calling me a slut and a whore, among other things. She has also emailed some of my friends and told them to not be friends with me because I 'slept with her boyfriend' (which I did not do). So far, she has sent me 7 messages in the last 4 days. The only time I contacted her directly was to ask her to please stop contacting me by any means. She did reply back, with more name calling and accusations. Do I possibly have enough to take this girl to court for harassment? or would it be too difficult since it is all on the internet? I haven't deleted any of her comments, nor have I made any accusations towards her. All I have asked was that she stop contacting me, and that she shouldn't use her time to comment on my blogs. so...do I have a case, or do I need more??

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Harassment

    Colorado has a criminal statute dealing with harassment and stalking. It is possible that other laws may deal with these issues as well.
    Quote Quoting Colorado Criminal Code, Section 18-9-111. Harassment - stalking.
    (1) A person commits harassment if, with intent to harass, annoy, or alarm another person, he or she:

    (a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or

    (b) In a public place directs obscene language or makes an obscene gesture to or at another person; or

    (c) Follows a person in or about a public place; or

    (d) Repealed.

    (e) Initiates communication with a person, anonymously or otherwise by telephone, computer, computer network, or computer system in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, or computer system that is obscene; or

    (f) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or

    (g) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or private residence or other private property; or

    (h) Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response.

    (1.5) As used in this section, unless the context otherwise requires, "obscene" means a patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus, or excretory functions.

    (2) Harassment pursuant to subsection (1) of this section is a class 3 misdemeanor; except that harassment is a class 1 misdemeanor if the offender commits harassment pursuant to subsection (1) of this section with the intent to intimidate or harass another person because of that person's actual or perceived race, color, religion, ancestry, or national origin.

    (3) Any act prohibited by paragraph (e) of subsection (1) of this section may be deemed to have occurred or to have been committed at the place at which the telephone call, electronic mail, or other electronic communication was either made or received.

    (4) (a) The general assembly hereby finds and declares that stalking is a serious problem in this state and nationwide. Although stalking often involves persons who have had an intimate relationship with one another, it can also involve persons who have little or no past relationship. A stalker will often maintain strong, unshakable, and irrational emotional feelings for his or her victim, and may likewise believe that the victim either returns these feelings of affection or will do so if the stalker is persistent enough. Further, the stalker often maintains this belief, despite a trivial or nonexistent basis for it and despite rejection, lack of reciprocation, efforts to restrict or avoid the stalker, and other facts that conflict with this belief. A stalker may also develop jealousy and animosity for persons who are in relationships with the victim, including family members, employers and co-workers, and friends, perceiving them as obstacles or as threats to the stalker's own "relationship" with the victim. Because stalking involves highly inappropriate intensity, persistence, and possessiveness, it entails great unpredictability and creates great stress and fear for the victim. Stalking involves severe intrusions on the victim's personal privacy and autonomy, with an immediate and long-lasting impact on quality of life as well as risks to security and safety of the victim and persons close to the victim, even in the absence of express threats of physical harm. The general assembly hereby recognizes the seriousness posed by stalking and adopts the provisions of this subsection (4) and subsections (5) and (6) of this section with the goal of encouraging and authorizing effective intervention before stalking can escalate into behavior that has even more serious consequences.

    (b) A person commits stalking if directly, or indirectly through another person, such person knowingly:

    (I) Makes a credible threat to another person and, in connection with such threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship; or

    (II) Makes a credible threat to another person and, in connection with such threat, repeatedly makes any form of communication with that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or

    (III) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this subparagraph (III), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.

    (c) For the purposes of this subsection (4):

    (I) Conduct "in connection with" a credible threat means acts which further, advance, promote, or have a continuity of purpose, and may occur before, during, or after the credible threat;

    (II) "Credible threat" means a threat, physical action, or repeated conduct that would cause a reasonable person to be in fear for the person's safety or the safety of his or her immediate family or of someone with whom the person has or has had a continuing relationship. Such threat need not be directly expressed if the totality of the conduct would cause a reasonable person such fear.

    (III) "Immediate family" includes the person's spouse and the person's parent, grandparent, sibling, or child; and

    (IV) "Repeated" or "repeatedly" means on more than one occasion.

    (5) Where a person commits stalking under paragraph (b) of subsection (4) of this section, the following shall apply:

    (a) A person commits a class 5 felony for a first offense.

    (a.5) For a second or subsequent offense, if such offense occurs within seven years of the date of a prior offense for which such person was convicted, the offender commits a class 4 felony.

    (a.7) Stalking is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401 (10).

    (b) If, at the time of the offense, there was a temporary or permanent protection order, injunction, or condition of bond, probation, or parole or any other court order in effect against such person prohibiting the behavior described in paragraph (b) of subsection (4) of this section, such person commits a class 4 felony. In addition, when a violation under subsection (4) of this section is committed in connection with a violation of a court order, including but not limited to any protection order or any order that sets forth the conditions of a bond, any sentence imposed for such violation pursuant to this subsection (5) shall run consecutively and not concurrently with any sentence imposed pursuant to section 18-6-803.5 and with any sentence imposed in a contempt proceeding for violation of the court order. Nothing in this paragraph (b) shall be construed to alter or diminish the inherent authority of the court to enforce its orders through civil or criminal contempt proceedings; however, before a criminal contempt proceeding is heard before the court, notice of the proceedings shall be provided to the district attorney for the district of the court where the proceedings are to be heard and the district attorney for the district of the court where the alleged act of criminal contempt occurred. The district attorney for either district shall be allowed to appear and argue for the imposition of contempt sanctions.

    (6) A peace officer shall have a duty to respond as soon as reasonably possible to a report of stalking and to cooperate with the alleged victim in investigating such report.

  3. #3
    Join Date
    Dec 2005
    Location
    california
    Posts
    3

    Default please respond quick

    im actually on the other end of this. i was a little wasted the other day and i went on myspace and sent a message that was similar to this:

    sup girl im horny for you but if you if i could bang one of your friends then i'll come over and plus i know a place that doesnt check i.d. if you want more brew.

    then she replies saying "im gonna beat you up" and blah blah.

    so then i respond saying "i like getting beat up by hot girls".

    she then says "well guess what i know your mom and you'll get in trouble now.."

    so i said quit acting like your not a ho.

    anyways she won and my mom found out so i had to call and apologize but they wouldn't accept it. im wondering could i get in extra trouble if she wanted to file me? never did i threaten her, i made a wacky offer and later called her a ho. initially you can't prove someone guilty off myspace cuz you never give away your address, social security #, or anything besides your email address.

    am i acting too paranoid or could i be in deep stuff right now?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Immaturity on MySpace

    From what you have said, your biggest offense appears to be a bit of immature conduct, which typically won't support legal action. (But we don't know both sides of the story, so we can't be certain.)

  5. #5
    Join Date
    Dec 2005
    Location
    california
    Posts
    3

    Default

    well it was a little more vulgar. is there a punishment for "immature conduct?".

  6. #6
    Join Date
    Aug 2005
    Posts
    117

    Default

    "(b) In a public place directs obscene language or makes an obscene gesture to or at another person; or
    "



    I have to think that would never withstand Constitutional muster.....

  7. #7
    Join Date
    Feb 2006
    Location
    cali
    Posts
    1

    Default

    ok hey my name is brittany and i just wanted to tell you that if the girl is harrassing you them u can block her go to her myspace and on her profile you can press block user and she cant write you just thought you would like to know and if she still keeps talkin crap them tell tom there is sumthin very gross on her page and he will delete it lol. i think that would be funny! well ya just tought you would like to know that!

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