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  #1  
Old 09-18-2003, 03:20 PM
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Legal question

Can threatening bodily harm to someone, via text format(with witnesses), on the internet, be prosecuted? (no, *I* was not the one doing the threatening)

Last edited by Guest84; 09-18-2003 at 03:23 PM.
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  #2  
Old 09-18-2003, 03:23 PM
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Quote:
Originally Posted by Ripsnort
Can threatening bodily harm to someone, via text format, on the internet, be prosecuted? (no, *I* was not the one doing the threatening)
It definately can be prosecuted in the UK.

Malicious communication.
  #3  
Old 09-18-2003, 03:23 PM
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Quote:
Originally Posted by Ripsnort
Can threatening bodily harm to someone, via text format(with witnesses), on the internet, be prosecuted? (no, *I* was not the one doing the threatening)
So you were threatened by someone?
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Old 09-18-2003, 03:24 PM
Alex Baumann Alex Baumann is offline
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Are you planning to threaten someone ?
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Old 09-18-2003, 03:25 PM
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Originally Posted by Alex Baumann
Are you planning to threaten someone ?
No! Jeez! Does it look like my knuckles are dragging on the ground?
  #6  
Old 09-18-2003, 03:28 PM
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Quote:
Originally Posted by Ripsnort
No! Jeez! Does it look like my knuckles are dragging on the ground?
Yes. If you look at the second smilie icon in your signature area, your knuckles do seem to be dragging awefully close to the ground. Heeeeeeeeeeeeeeeeeeee.
  #7  
Old 09-18-2003, 03:32 PM
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Would it be workplace related at all?
  #8  
Old 09-18-2003, 03:32 PM
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Where's our friendly-neighborhood-chicken-legged ambulance chaser when you need him?
  #9  
Old 09-18-2003, 03:35 PM
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Originally Posted by Ryan330i
Would it be workplace related at all?
I can't say too much at this point guys.
  #10  
Old 09-18-2003, 03:44 PM
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Originally Posted by Pete Teoh
Where's our friendly-neighborhood-chicken-legged ambulance chaser when you need him?
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  #11  
Old 09-18-2003, 03:46 PM
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Quote:
Originally Posted by Ripsnort
I can't say too much at this point guys.
Ripsnort,

This sound sooo mysterious. You know, if she's a girl, then I say let her harass you. If she is really really pretty, then that is a bonus!
  #12  
Old 09-18-2003, 03:58 PM
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Quote:
Originally Posted by Ripsnort
I can't say too much at this point guys.

Ok, since you say it was internet related, did the perpetrator use your real name or a "handle"?
  #13  
Old 09-18-2003, 03:59 PM
Alex Baumann Alex Baumann is offline
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Quote:
Originally Posted by vexed



Hey now, be nice to Vexed, OK ??





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  #14  
Old 09-18-2003, 04:10 PM
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Was it in WA?

RCW 9A.46.020
Definition -- Penalties.

*** CHANGE IN 2003 *** (SEE 5758.SL) ***
(1) A person is guilty of harassment if:

(a) Without lawful authority, the person knowingly threatens:

(i) To cause bodily injury immediately or in the future to the person threatened or to any other person; or

(ii) To cause physical damage to the property of a person other than the actor; or

(iii) To subject the person threatened or any other person to physical confinement or restraint; or

(iv) Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and

(b) The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out. "Words or conduct" includes, in addition to any other form of communication or conduct, the sending of an electronic communication.

(2) A person who harasses another is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW, except that the person is guilty of a class C felony if either of the following applies: (a) The person has previously been convicted in this or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim's family or household or any person specifically named in a no-contact or no-harassment order; or (b) the person harasses another person under subsection (1)(a)(i) of this section by threatening to kill the person threatened or any other person.

(3) The penalties provided in this section for harassment do not preclude the victim from seeking any other remedy otherwise available under law.
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  #15  
Old 09-18-2003, 04:13 PM
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Rip are you harassing yourself?


  #16  
Old 09-18-2003, 04:16 PM
Guest84 Guest84 is offline
 
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Quote:
Originally Posted by The Roadstergal
Was it in WA?

RCW 9A.46.020
Definition -- Penalties.

*** CHANGE IN 2003 *** (SEE 5758.SL) ***
(1) A person is guilty of harassment if:

(a) Without lawful authority, the person knowingly threatens:

(i) To cause bodily injury immediately or in the future to the person threatened or to any other person; or

(ii) To cause physical damage to the property of a person other than the actor; or

(iii) To subject the person threatened or any other person to physical confinement or restraint; or

(iv) Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and

(b) The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out. "Words or conduct" includes, in addition to any other form of communication or conduct, the sending of an electronic communication.

(2) A person who harasses another is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW, except that the person is guilty of a class C felony if either of the following applies: (a) The person has previously been convicted in this or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim's family or household or any person specifically named in a no-contact or no-harassment order; or (b) the person harasses another person under subsection (1)(a)(i) of this section by threatening to kill the person threatened or any other person.

(3) The penalties provided in this section for harassment do not preclude the victim from seeking any other remedy otherwise available under law.
Gosh I guess I could have done this on a google search, Thks a bunch! I'm assuming this encompasses "electronic" threats, no?
  #17  
Old 09-18-2003, 04:20 PM
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Quote:
Originally Posted by Ripsnort
Gosh I guess I could have done this on a google search, Thks a bunch! I'm assuming this encompasses "electronic" threats, no?
The RCW is online:

http://www.leg.wa.gov/rcw/index.cfm

I've bookmarked it for ticket use.

As far as electronic harassment goes, you might want to ask a lawyer about precedents. In a civil case, if you want a restraining order, I think it would fly. Make sure you have printouts and any other records you can get your hands on.
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  #18  
Old 09-18-2003, 05:03 PM
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Quote:
Originally Posted by vexed
I knew that comment would get you out of the woodwork.
  #19  
Old 09-18-2003, 06:21 PM
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Well, now I'm contemplating turning this issue (that I can still not mention)over to our security. If I do, this person will most likely be fired(according to our Computer Securities systems analyst). Now a moral issue rests on my shoulders as everything has been documented.

If I pursue it, this person may lose their job.

I could just blow it off too.

Undecided.

Think I'll sleep on it tonight.

Just curious, what would *you* do in a situation like this?

Last edited by Guest84; 09-18-2003 at 06:39 PM.
  #20  
Old 09-18-2003, 07:10 PM
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Quote:
Originally Posted by Ripsnort
Just curious, what would *you* do in a situation like this?
It would very much depend on who was doing the threatening and how much I believed the threat might actually be carried out.

Given the situation you are in, if you procede with the informtion and the person is fired, will said person know that it was you that did him/her in, thus making you a bigger target?
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  #21  
Old 09-18-2003, 07:14 PM
Guest84 Guest84 is offline
 
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Originally Posted by operknockity
It would very much depend on who was doing the threatening and how much I believed the threat might actually be carried out.

Given the situation you are in, if you procede with the informtion and the person is fired, will said person know that it was you that did him/her in, thus making you a bigger target?
Good questions I've comtemplated as well. My biggest question is...what if I do nothing? Will this person continue behavior like this with someone else then, possibly carry it out? I'm not worried about my person, as I can handle any physical situation if need be. But, what about downstream? I mean, if this person is willing to "whack" someone, so to speak, for a friend, of someone they know nothing about..whats to say this behavior could be persistent in the future? What if this person carrys out a threat against another? Should it be stopped here?

Last edited by Guest84; 09-18-2003 at 07:26 PM.
  #22  
Old 09-18-2003, 08:38 PM
DougDogs DougDogs is offline
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Quote:
Originally Posted by Ripsnort
Just curious, what would *you* do in a situation like this?
Generally, I'd blow it off, and realize that you are more mature than the other party. (unless the threat is really serious!!)

Lately, though, the company I work for is going down the tubes, FAST!! I have been making a lot of noise, have filed two complaints with the state labor board. One for repeatedly being paid late, the other for the mis-appropriation of my 401k money. And have been encouraging others to file similar complaints.

I even set up an account at hotmail, so I could send an anonymous e-mail to all employee's with the phone numbers of who to call to file a complaint. It was fun to watch our inept MIS department (2 clowns) try to figure out how/where the e-mail came from

My situation is much different than yours, but I'm ready to take down anyone I can at work.
  #23  
Old 09-18-2003, 09:20 PM
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Quote:
Originally Posted by Ripsnort
Good questions I've comtemplated as well. My biggest question is...what if I do nothing? Will this person continue behavior like this with someone else then, possibly carry it out? I'm not worried about my person, as I can handle any physical situation if need be. But, what about downstream? I mean, if this person is willing to "whack" someone, so to speak, for a friend, of someone they know nothing about..whats to say this behavior could be persistent in the future? What if this person carrys out a threat against another? Should it be stopped here?
Sorry to hear all this, Rip. Just goes to show you that there are some SERIOUS nutjobs out there, unfortunately.
  #24  
Old 09-18-2003, 09:40 PM
Parump Parump is offline
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Rip,

I think that a key determinant is the intent of the message. Did the person who sent the e mail intend to cause harm, or did this represent a fit of uncontrolled, written anger? If the author of the message wished to cause the recipient fear, and composed the note with malicious intent, then I do think that reporting the note to the appropriate authority is appropriate.

One option is to consult Human Resources without providing names. Often, large corporations have very good policies and procedures for investigating these incidents and determining the appropriate action. Some companies will perform an investigation and apply discipline accordingly. Not all circumstances warrant employment termination. In very serious cases, a threat assessment by a forensic psychiatrist can be very, very helpful.
  #25  
Old 09-18-2003, 11:25 PM
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We had an employee that was abrasive and abusive to other employees, to the point that we had to ask him to leave the area (a locked lab). We reported his behavior to his supervisor and he was subsequently disciplined (not fired) and recommended for counseling.

If the threat is genuine, you must do something about it. If the threat was made using company resources, he's probably going to face disciplinary action at the very least. You won't need witnesses if company resources were used.

If you do nothing, are you going to be able to live with yourself if he does something to somebody else? Let's not forget other incidences of workplace violence.

Also, you may be able to handle this guy, but what if he goes nutjob and manages to hurt people other than his intended target?

Agreed that it's a difficult decision.

We don't want to see you on the news Rip!
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