Quoted message said:From: "HeyBub" <[email hidden]>
Subject: Assault: New Definition (long)
Date: Mon, 9 Jan 2006 21:41:32 -0600
Newsgroups: tx.guns
Message-ID: <[email hidden]>(You can skip all this yakety-yak by jumping to the "Good Parts" version)
As some may recall in a recent thread I defined "Assault" as "A serious
threat to inflict death or serious bodily injury, coupled with the present
ability to carry out that threat." This is the classic definition I learned
in law school.A consequence of that definition is that the threat must be, in the mind of
the potential victim, able to be carried out almost immediately. Therefore,
one presumes, an "assault" cannot be made by long distance, i.e., by
telephone, postal mail, an email, or a newsgroup.Others (well, one other) claimed an assault CAN be made by long distance,
such as a telephone.All that changed today.
The president signed into law the "Violence Against Women and DOJ
Reauthorization Act."I call your attention to Section 113* which reads, in part:
--- begin quote ---
Whoever, ...
with the intent
(B) to place a person in another State or tribal jurisdiction, or within the
special maritime and territorial jurisdiction of the United States, in
reasonable fear of the death of, or serious bodily injury to--
(i) that person;
(ii) a member of the immediate family (as defined in section 115 of that
person; or
(iii) a spouse or intimate partner of that person;uses the mail, any INTERACTIVE COMPUTER SERVICE (emphasis added), or any
facility of interstate or foreign commerce to engage in a course of conduct
that causes substantial emotional distress to that person or places that
person in reasonable fear of the death of, or serious bodily injury to, any
of the persons described in clauses (i) through (iii) of subparagraph (B);
shall be punished as provided in section 2261(b) of this title.--- end quote
After some digging, I find the punishment in 2261(b) to be:
--- begin quote
(b) Penalties.- A person who violates this section or section 2261A shall be
fined under this title, imprisoned-
(1) for life or any term of years, if death of the victim results;
(2) for not more than 20 years if permanent disfigurement or life
threatening bodily injury to the victim results;
(3) for not more than 10 years, if serious bodily injury to the victim
results or if the offender uses a dangerous weapon during the offense;
(4) as provided for the applicable conduct under chapter 109A if the offense
would constitute an offense under chapter 109A (without regard to whether
the offense was committed in the special maritime and territorial
jurisdiction of the United States or in a Federal prison); and
(5) for not more than 5 years, in any other case,
or both fined and imprisoned.--- end quote
I assume since we're talking about a mere threat that, death, permanent
disfigurement, did not actually take place, or a dangerous weapon was not
used in the issuance of the threat, the penalty for "cyberstalking" is 5
years in a federal pen, plus a potential fine.Further, 47 USC 223 was amended by the new law such that it now reads (in
part)Whoever...
(C) makes a telephone call or utilizes a telecommunications device, whether
or not conversation or communication ensues, without disclosing his identity
and with intent to annoy, abuse, threaten, or harass any person at the
called number or who receives the communications;(C) in the case of subparagraph (C) of subsection (a)(1), includes any
device or software that can be used to originate telecommunications or other
types of communications that are transmitted, in whole or in part, by the
Internet ...Shall be fined or imprisoned for two years or both.
GOOD PARTS VERSION
===================If you threaten someone via email or a newsgroup posting such that the
object of your threat is placed in fear of his or her life or limb, you have
committed the offense of "Cyberstalking" and, upon conviction, may be
confined in a federal lock-up for up to five years or fined or both.Bottom line, you cannot issue a credible threat.
You can't even insult someone if you do so anonymously.
Further, if you use the internet, anonymously - such as a "HeyBub" handle -
to annoy, abuse, threaten, or harass, you get a fine or slammer time up to
two years.Let's all thank President Bush for helping to bring needed civility to this
newsgroup.* "Thomas" links are not persistent. Go to www.thomas.gov and search for
cyberstalking ]
--
Om.
"My mother never saw the irony in calling me a son-of-a-[censored]." -Jack Nicholson