[SheriffOconee]

Obviously, she has clearly texted the person and told him or her NOT TO COMMUNICATE WITH HER, and has blocked that number from her phone already?

 

[BSCLibertarian]

For all of you that are saying what is happening is a crime, please point out the relevant code section in either the Georgia code or the U.S. Code.

The FBI can't get involved unless there is a federal crime at play.

The GBI has no original jurisdiction over such an incident (if it is in fact a crime) and could only get involved if requested to do so by the local agency with original jurisdiction.

GA Code 16-5-90. Stalking; psychological evaluation

(a)(1) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. (emphasis mine)

http://www.lexis-nexis.com/hottopics/gacode/

But definitely a local issue at this point I would think. EJ, contact the local authorities first and just lay out for them everything that has happened.

 

[legacy38]

For all of you that are saying what is happening is a crime, please point out the relevant code section in either the Georgia code or the U.S. Code.

The FBI can't get involved unless there is a federal crime at play.

The GBI has no original jurisdiction over such an incident (if it is in fact a crime) and could only get involved if requested to do so by the local agency with original jurisdiction.

GA Code 16-5-90. Stalking; psychological evaluation

(a)(1) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. (emphasis mine)

http://www.lexis-nexis.com/hottopics/gacode/

But definitely a local issue at this point I would think. EJ, contact the local authorities first and just lay out for them everything that has happened.

Note the key element that you have in bold.

What is the purpose and intent of the person sending the texts? According to ERJ, the original message addressed her as "beautiful", and she responded in a manner that engaged the person in communication.

 

[Verbal101]

Hi EJR914,

As I read this I could not help but remember another post in which you mentioned your wife had been physically followed home at least 4 times. http://www.georgiapacking.org/forum/viewtopic.php?f=26&t=49797&start=0&hilit=wife

Did any of those incidents occur after the first contact from this stalker? I sure don't mean to add fuel to the fire but if they are somehow related, all the more reason to heed the many points of good advice in this string. Start keeping records and get the law / HR involved.

In my opinion, it's better to embarrass a secret admirer today than risk a physical confrontation tomorrow.

Good luck.

 

[SheriffOconee]

two anonymous notes on a windshield are disturbing, insulting, bothersome and rude as he^^, but will not lead to a stalking conviction.
She consented to the text conversation, whether or not she knew or not who was texting her. His (assuming a male perpetrator) phone records would reflect that.....as well as the State's own evidence.
Ain't a DA in the State that would take that case....
Before someone here suggests that we are insensitive to stalking cases, I suggest that our 100% conviction rate for stalking cases, leading to prison or jail time in all of them, are suggestive of our accurate assessment of what the OP has posted.
Now, should the OP call the police. Yes. The OP should start making a record and log of any and all contact this person is having.
Is there enough to charge an individual yet?? I haven't seen the notes or cards.....but there is an element of INTENT to INTIMIDATE or HARRASS that has to be proved BEYOND A REASONABLE DOUBT. That means that the State must prove that there is not other theory save that of the guilt of the defendant to convict.
IF the texter and note leaver are the same person, the evidence so far is that he thinks the OP's wife is beautiful, she texted with him back and forth. and he left her a few notes.
Enough to call the cops...certainly. Enough to convict...I don't think so.

 

[legacy38]

Tell her to make it absolutely and positively clear to this person that communication should cease immediately and that she wants no further contact whatsoever. Have her make it clear that any further communication will be considered harassing and that she is in fear.

To this point, nothing in the provided indication is indicative of illegal activity.

 

[seajay]

For all of you that are saying what is happening is a crime, please point out the relevant code section in either the Georgia code or the U.S. Code.

The FBI can't get involved unless there is a federal crime at play.

The GBI has no original jurisdiction over such an incident (if it is in fact a crime) and could only get involved if requested to do so by the local agency with original jurisdiction.

GA Code 16-5-90. Stalking; psychological evaluation

(a)(1) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. (emphasis mine)

http://www.lexis-nexis.com/hottopics/gacode/

But definitely a local issue at this point I would think. EJ, contact the local authorities first and just lay out for them everything that has happened.

Note the key element that you have in bold.

What is the purpose and intent of the person sending the texts? According to ERJ, the original message addressed her as "beautiful", and she responded in a manner that engaged the person in communication.

Why don't you look it up yourself? The FBI can get involved because it is a federal crime to harrass using telecommunications (the means telephone). The phone systems are regulated by the FCC (thats FEDERAL Communications Commission). Now if that doesn't sound like federal to you then I guess there is no hope....

 

[Verbal101]

For all of you that are saying what is happening is a crime, please point out the relevant code section in either the Georgia code or the U.S. Code.

The FBI can't get involved unless there is a federal crime at play.

The GBI has no original jurisdiction over such an incident (if it is in fact a crime) and could only get involved if requested to do so by the local agency with original jurisdiction.

GA Code 16-5-90. Stalking; psychological evaluation

(a)(1) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. (emphasis mine)

http://www.lexis-nexis.com/hottopics/gacode/

But definitely a local issue at this point I would think. EJ, contact the local authorities first and just lay out for them everything that has happened.

Note the key element that you have in bold.

What is the purpose and intent of the person sending the texts? According to ERJ, the original message addressed her as "beautiful", and she responded in a manner that engaged the person in communication.

Note the surreptitious manner in which she was contacted, though. This person refuses to reveal his identity. Calling her "beautiful" in an attempt to draw her into an undesirable situation is intimidating, even if she did unwittingly engage the conversation at first. He's now clearly doing this without her consent. What other purpose could there be, than to harass?

Besides, how many rapists have initiated contact with a victim by first commenting on her looks?

 

[seajay]

two anonymous notes on a windshield are disturbing, insulting, bothersome and rude as he^^, but will not lead to a stalking conviction.
She consented to the text conversation, whether or not she knew or not who was texting her. His (assuming a male perpetrator) phone records would reflect that.....as well as the State's own evidence.
Ain't a DA in the State that would take that case....
Before someone here suggests that we are insensitive to stalking cases, I suggest that our 100% conviction rate for stalking cases, leading to prison or jail time in all of them, are suggestive of our accurate assessment of what the OP has posted.
Now, should the OP call the police. Yes. The OP should start making a record and log of any and all contact this person is having.
Is there enough to charge an individual yet?? I haven't seen the notes or cards.....but there is an element of INTENT to INTIMIDATE or HARRASS that has to be proved BEYOND A REASONABLE DOUBT. That means that the State must prove that there is not other theory save that of the guilt of the defendant to convict.
IF the texter and note leaver are the same person, the evidence so far is that he thinks the OP's wife is beautiful, she texted with him back and forth. and he left her a few notes.
Enough to call the cops...certainly. Enough to convict...I don't think so.

It may just take a visit from the police to make him/her stop. All the OP is wanting is for this harrassment to stop. I would file the complaint and if a visit from the authorities doesn't do the trick then there will be enough for a conviction as it will be on record that even they had asked the perp to stop.

This kind of thing can get out of hand real fast if the breaks are slamed on. It is better to get help now before that happens than to wait it out any longer.

 

[legacy38]

For all of you that are saying what is happening is a crime, please point out the relevant code section in either the Georgia code or the U.S. Code.

The FBI can't get involved unless there is a federal crime at play.

The GBI has no original jurisdiction over such an incident (if it is in fact a crime) and could only get involved if requested to do so by the local agency with original jurisdiction.

GA Code 16-5-90. Stalking; psychological evaluation

(a)(1) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. (emphasis mine)

http://www.lexis-nexis.com/hottopics/gacode/

But definitely a local issue at this point I would think. EJ, contact the local authorities first and just lay out for them everything that has happened.

Note the key element that you have in bold.

What is the purpose and intent of the person sending the texts? According to ERJ, the original message addressed her as "beautiful", and she responded in a manner that engaged the person in communication.

Why don't you look it up yourself? The FBI can get involved because it is a federal crime to harrass using telecommunications (the means telephone). The phone systems are regulated by the FCC (thats FEDERAL Communications Commission). Now if that doesn't sound like federal to you then I guess there is no hope....

I don't have to look it up. I knew the answer when I asked the question.

Even if this case rose to the level of a crime, which from the information provided it doesn't, the feds wouldn't have any jurisdiction over it. The mere fact that phones are involved doesn't make it federal.

 

[robfromga]

Set up a meet. Handle it. Move on. Mess with family and pay. :righton:

 

[legacy38]

For all of you that are saying what is happening is a crime, please point out the relevant code section in either the Georgia code or the U.S. Code.

The FBI can't get involved unless there is a federal crime at play.

The GBI has no original jurisdiction over such an incident (if it is in fact a crime) and could only get involved if requested to do so by the local agency with original jurisdiction.

GA Code 16-5-90. Stalking; psychological evaluation

(a)(1) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. (emphasis mine)

http://www.lexis-nexis.com/hottopics/gacode/

But definitely a local issue at this point I would think. EJ, contact the local authorities first and just lay out for them everything that has happened.

Note the key element that you have in bold.

What is the purpose and intent of the person sending the texts? According to ERJ, the original message addressed her as "beautiful", and she responded in a manner that engaged the person in communication.

Note the surreptitious manner in which she was contacted, though. This person refuses to reveal his identity. Calling her "beautiful" in an attempt to draw her into an undesirable situation is intimidating, even if she did unwittingly engage the conversation at first. He's now clearly doing this without her consent. What other purpose could there be, than to harass?

Besides, how many rapists have initiated contact with a victim by first commenting on her looks?

Purpose and intent...

Never said the behavior was acceptable. I am saying that based on the information that there isn't a prosecutable case here. She engaged in communication with him.

She should cease all communication upon letting the other party know that communication must cease. She should make records (and copies) of all communications up to this point and any that originate afterward.

 

[TippinTaco]

In this case EJR I'd listen to Legacy and Sheriff Oconee. If anyone, those two would know how crap rolls down hill so their advice may help in getting the LEA to back you up. The perp has to be brought to the open though so your wife and everyone else is well aware of his/her actions. I always assumed harassment was harassment, and the country wonders why so many women get raped and murdered. Might go hand in hand with how victims have to wait periods of time while these altercations occur just so a DA can have a case... by then its too late..

 

[jlcnuke]

Georgia Code

§ 16-5-90. Stalking; psychological evaluation

(a)(1) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. For the purpose of this article, the terms "computer" and "computer network" shall have the same meanings as set out in Code Section 16-9-92; the term "contact" shall mean any communication including without being limited to communication in person, by telephone, by mail, by broadcast, by computer, by computer network, or by any other electronic device; and the place or places that contact by telephone, mail, broadcast, computer, computer network, or any other electronic device is deemed to occur shall be the place or places where such communication is received. For the purpose of this article, the term "place or places" shall include any public or private property occupied by the victim other than the residence of the defendant. For the purposes of this article, the term "harassing and intimidating" means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person's safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made.

47 USC 223 (excerpt)

(2) Whoever knowingly -
(A) within the United States, by means of telephone, makes (directly or by recording device) any indecent communication for
commercial purposes which is available to any person under 18 years of age or to any other person without that person's
consent, regardless of whether the maker of such communication placed the call

emphasis mine

Neither statute states that the intent of the person committing the act has to be harassment nor defines consent and a reasonable jury should, imo, not assume consent based on responses that do not encourage the behavior (asking who is sending the messages is not consent for instance).

 

[SheriffOconee]

how many stalking trials have YOU sat through, prosecuted, or investigated???

The OP is on the right track, but he ain't there yet.....i advised him to call the law, I hope he does.
The case isn't ready to prosecute......That is my opinion.....yours may vary.

 

[seajay]

how many stalking trials have YOU sat through, prosecuted, or investigated???

The OP is on the right track, but he ain't there yet.....i advised him to call the law, I hope he does.
The case isn't ready to prosecute......That is my opinion.....yours may vary.

And the OP should get law enforcement involved. File the complaint and and start building the case. They will either be able to develope enough to prosecute or the idiot will stop. Either way problem solved.

 

[SheriffOconee]

we solved one yesterday without prosecution.....at least, we hope we have.
AFTER we get involved, and the person continues, prosecution becomes MUCH easier....

 

[legacy38]

Georgia Code

§ 16-5-90. Stalking; psychological evaluation

(a)(1) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. For the purpose of this article, the terms "computer" and "computer network" shall have the same meanings as set out in Code Section 16-9-92; the term "contact" shall mean any communication including without being limited to communication in person, by telephone, by mail, by broadcast, by computer, by computer network, or by any other electronic device; and the place or places that contact by telephone, mail, broadcast, computer, computer network, or any other electronic device is deemed to occur shall be the place or places where such communication is received. For the purpose of this article, the term "place or places" shall include any public or private property occupied by the victim other than the residence of the defendant. For the purposes of this article, the term "harassing and intimidating" means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person's safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made.

47 USC 223 (excerpt)
[quote:33pjv024](2) Whoever knowingly -
(A) within the United States, by means of telephone, makes (directly or by recording device) any indecent communication for
commercial purposes which is available to any person under 18 years of age or to any other person without that person's
consent, regardless of whether the maker of such communication placed the call

emphasis mine

Neither statute states that the intent of the person committing the act has to be harassment nor defines consent and a reasonable jury should, imo, not assume consent based on responses that do not encourage the behavior (asking who is sending the messages is not consent for instance).[/quote:33pjv024]

In the state code, read (a)(1) very closely. It clearly states that the communication must be for the purpose of harassing or intimidating. If he believes that he is involved in a consensual conversation for the purpose of getting lucky he isn't communicating for the purpose of harassing or intimating.

As for the federal statute you quoted, read it again. That code section states that the victim must be under 18 and there must be a commercial purpose involved or without the person's consent. Her initial response as stated by her husband made the communication at that point consensual. Until she makes it clear that all communication is to cease, it is still consensual.

 

[BSCLibertarian]

My point was simply to get law enforcement involved now so there is a record. Whether or not there is enough evidence now for him (or her) to be charged or convicted I'll leave up to LEO's and Lawyers on here (as I am neither) but there probably isn't.

However, I also agree w/ Legacy that EJ's wife needs to make it clear that any further communication will be considered harassment and will be treated as such.

I know that when my brother was a LEO (different state) there was someone being harassed by an ex-boyfriend (another LEO's sister or something - can't recall) and some of the officers had a very blunt conversation with him and it literally ended that day. That may be all that is necessary here. They didn't rough him up or threaten him or anything they just let him know that they were involved and knew what was going on and that it needed to stop right then and there - it did. Most people who do things like this are pansies that if confronted face to face with their actions will back down right away.....sort of like internet-commando types who are saying schedule a meeting and "take care of business" and the like. That is recipe for EJ to wind up in jail IMHO.

Just my :2cents:

Good luck, EJ.

 

[jlcnuke]

In the state code, read (a)(1) very closely. It clearly states that the communication must be for the purpose of harassing or intimidating. If he believes that he is involved in a consensual conversation for the purpose of getting lucky he isn't communicating for the purpose of harassing or intimating.

As for the federal statute you quoted, read it again. That code section states that the victim must be under 18 and there must be a commercial purpose involved or without the person's consent. Her initial response as stated by her husband made the communication at that point consensual. Until she makes it clear that all communication is to cease, it is still consensual.

When she stated that she would have no further communication with him and he knowingly and willfully continued to send messages to her any argument that a reasonable person would find it consensual disappeared and could be argued that communication after the initial conversation was done without peaceful intentions.

I quoted the wrong part of 223 (commercial section) the correct quote here:

(1) in interstate or foreign communicationsâ€"
(A) by means of a telecommunications device knowinglyâ€"
(i) makes, creates, or solicits, and
(ii) initiates the transmission of, any comment, request, suggestion, proposal, image, or other communication which is obscene or child pornography, with intent to annoy, abuse, threaten, or harass another person;

Though as with most federal laws of this type it would only be applicable if the communication traveled across state lines (very likely for most computer generated communications though)

I didn't say it was ready for trial. I said he has committed a crime. Many crimes are committed and never go to trial because there is a difference between knowing someone has committed a crime and being able to convict them of that crime. We all agree he should get the authorities involved and in my opinion he should also make sure she is protected or has a method to protect herself. Many stalkings do not end peacefully for the victim. It is very likely a psych eval of the guy will result in a mental institution stay instead of a prison sentence if he is ever caught though.