Judge to Issue Cyber-Stalking Decision

As reported by Michael McKinney in the September 1, 2011 edition of the Providence Journal, a District Court Judge will soon render his decision in a cyber-stalking case. The defendant is accused of creating a fictitious e-mail account and sending harassing e-mails to a State Representative. The trial ended earlier this week and the Judge is expected to make his ruling in mid-September.

Pursuant to Rhode Island General Law 11-52-4.2, whoever transmits any communication by computer or other electronic device to any person or causes any person to be contacted for the sole purpose of harassing that person or his or her family is guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred dollars ($500), by imprisonment for not more than one year, or both. A second or subsequent conviction under subsection (a) of this section shall be deemed a felony punishable by imprisonment for not more than two (2) years, by a fine of not more than six thousand dollars ($6,000), or both.

Harassment is defined as any knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or bothers the person, and which serves no legitimate purpose. The course of conduct must be of a kind that would cause a reasonable person to suffer substantial emotional distress, or be in fear of bodily injury. "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct."

If you or a family member have been charged with sexting, cyberbullying or other Internet related crimes, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Contact Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.