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Smithfield Cyberbullying

As reported by Katie Mulvaney in the January 19, 2011 edition of the Providence Journal, a Smithfield high school student has been accused of cyber bullying/cyber stalking. The student allegedly created a fictitious Facebook page, pretending to be a fellow classmate. The student has been charged with cyber stalking and for knowingly posting false or misleading information.

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. For the purpose of this section, "harassing" means 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."

The Rhode Island Senate recently commissioned a panel to study the problem of cyberbullying/cyberstalking, sexting and other Internet problems. The commission is scheduled to present their findings by the end of March.

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

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