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jlcnuke said:
legacy38 said:
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.
Based solely on the information provided by ERJ there is not sufficient probable cause to swear out an arrest warrant.
 

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Romans 10:13
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Listen to our law enforcement officers. They know what they are talking about.
 

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Yeah, personally I'm a little shocked. His wife has someone that has her telephone number and is sending her texts that she supposedly does not want, he/she knows where his wife works and they are placing notes on her car, so that also means they know what car she drives. It's not too far out to say that he/she probably knows where she lives as well and he doesn't want to get LEOs involved?

I'd want it on records just in case something escalated.
 

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Discussion Starter #44
It has now been handed over to local Law Enforcement in the county which she works. We have handed over all information.

A huge thank you to SheriffO and Legacy38 for all their professional opinions. They carry a lot of weight with me. As both have a lot of personal law enforcement experience with this sort of thing.

Thank you to everyone else for your comments and advice. They are very helpful.

We are going to play this one by the book.

I've even had one very kind person on this forum offer to loan my wife a carry firearm until this things gets sorted out. We are going to apply for her GWL next week on her day off.

I'll update you all with more information as I receive it.

Again, thank you guys so much.
 

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EJR914 said:
It has now been handed over to local Law Enforcement in the county which she works. We have handed over all information.

A huge thank you to SheriffO and Legacy38 for all their professional opinions. They carry a lot of weight with me. As both have a lot of personal law enforcement experience with this sort of thing.

Thank you to everyone else for your comments and advice. They are very helpful.

We are going to play this one by the book.

I've even had one very kind person on this forum offer to loan my wife a carry firearm until this things gets sorted out. We are going to apply for her GWL next week on her day off.

I'll update you all with more information as I receive it.

Again, thank you guys so much.
:righton: Now, I'd suggest not giving any other info, until this is resolved. The jerk may well be monitoring this forum.
 

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I'm kind of a big deal
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CountryGun said:
EJR914 said:
It has now been handed over to local Law Enforcement in the county which she works. We have handed over all information.

A huge thank you to SheriffO and Legacy38 for all their professional opinions. They carry a lot of weight with me. As both have a lot of personal law enforcement experience with this sort of thing.

Thank you to everyone else for your comments and advice. They are very helpful.

We are going to play this one by the book.

I've even had one very kind person on this forum offer to loan my wife a carry firearm until this things gets sorted out. We are going to apply for her GWL next week on her day off.

I'll update you all with more information as I receive it.

Again, thank you guys so much.
:righton: Now, I'd suggest not giving any other info, until this is resolved. The jerk may well be [s:b25h6kyp]monitoring[/s:b25h6kyp] a member of this forum.
FIFY
(just kidding folks)
:lol:

Best of luck, EJ - let us know how it works out after it's all over with.
 

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EJR,
If you need something to do this weekend, I suggest the following.
1) Examine your wife's online profile.....Linkedin, Facebook, forums, etc.......make sure it is secure
2) Sit down with her and have her examine her day. Does she buy gas at the same place? Groceries? Dry cleaning? Yard guy? Lunch? Totally examine her day, especially places that she drives or commutes or uses every day, or as a matter of routine.
3) Have her review her customers. Are there customers who just use her line at the bank? Have said something remotely inappropriate that she shucked off?
4) Ex boyfriends that she may have run into lately? Some guy that she dumped in High School or College? Has anyone like that been in touch with her in the past 6 months

Start doing things like that EJR and you MIGHT develop a short list of suspects
 

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I'd add to the Sheriff's post that it might be a good idea to get something she can defend herself with if need be without a GWL while she is waiting for it. Make sure she understands how to use it and is comfortable with it as well.

Glad you talked to the authorities and got that started though.
 

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and as another addition, I would tell you to get her to vary her driving routes, get fuel at different stations rather than just one, change up patterns basically. If she is very observant, good.... if she is not, work on drilling her here and there about what colour the car behind her is without having to look when you ask. If you work on bringing up her awareness level, you will do a lot for her beyond this situation. She may also notice that the same car seems to be around more often....
 

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I'd add that it might be a good idea to have her accompanied by a trusted person when she's going between work and car. Avoid dark alleys, stay in public view (for what that's worth these days), that sort of thing.
 

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My ex works at BOA and they are for some reason a target to these pervs. Love notes, prank calls, random flowers is the norm for these employees. The worst was after a prank call they went into lock down.
 

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Bank tellers seem to be at higher relative risk, because they're frequently young women (often attractive ones), they interact with a whole range of folks, and they're forced to be exceptionally friendly and engaging, by bank policy, to the customer, no matter how creepy he is. I think it leads on the crazies. My wife used to be a teller, and I am incredibly glad she isn't any longer.
 
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