Based solely on the information provided by ERJ there is not sufficient probable cause to swear out an arrest warrant.jlcnuke said: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.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.
I quoted the wrong part of 223 (commercial section) the correct quote here:
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)(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;
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.