Monday, February 13, 2012

Stalking and Texting

In some Domestic Violence cases, there are allegations of stalking.  A common example of stalking would be a scorned lover who uses the telephone to call their ex-girlfriend a hundred times, making her feel threatened or harassed.  In most scenarios, this would be charged as a misdemeanor crime if prosecuted. 
New technology and people making threats over the internet and text message has inspired lawmakers to enact new legislation regarding stalking. An example of this is NRS § 200.575(3) which states, "A person who commits the crime of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony as provided in NRS 193.130."  This new law is a more serious crime than the misdemeanor discussed above.
The use of the internet or other eletronic media to threaten, harass, or publish undesirable material about another is very problematic to defend against for obvious reasons.  Mainly because there will always be a record of the communication.  Another is that these communications could subject a person to more severe criminal punishments.  There are defenses to these cases as some communications could be determined to be inadmissable at trial, or taken out of context in the situation.  
If you have been charged with Battery, Battery Domestic Violence, Stalking, Harassment or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.

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