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Q: computer fraud and harrasment ( Answered 5 out of 5 stars,   6 Comments )
Question  
Subject: computer fraud and harrasment
Category: Computers > Internet
Asked by: lillybean-ga
List Price: $20.00
Posted: 05 May 2005 21:42 PDT
Expires: 04 Jun 2005 21:42 PDT
Question ID: 518348
hi, I was wondering if anyone could help me, my 18 year old daughter
made a false e-mail account in a girls name that she did not like at
school, she sent e-mails to friends prentending to be this girl and
was mean. No threats were made just got all the girls mad at this
other girl. The police came to my house and my daughter admitted that
she did it and they told her to stop and that the case wouls now be
closed. Is there any penaly or jail time that my immature daughter can
face, we live in Tennessee. I don't want her to go to jail. if anyone
can help thanks.
Answer  
Subject: Re: computer fraud and harrasment
Answered By: politicalguru-ga on 06 May 2005 08:59 PDT
Rated:5 out of 5 stars
 
Dear Lillybean, 

Before I begin to answer, please note that " Answers and comments
provided on Google Answers are general information, and are not
intended to substitute for informed professional [...] legal [...] or
other professional advice. Google does not endorse, and expressly
disclaims liability for any product,manufacturer, distributor, service
or service provider mentioned or any opinion expressed in answers or
comments." (Seee full disclaimer text on the bottom of this page). I
am not a lawyer and if you feel you need a legal advice, consult one.

There are two legal levels where your daughter might face problems
(except for the moral one, of course): the criminal and the civil one.

Impersonation - is a class B misdemeanor in your state: "Any person
who commits the offense of criminal impersonation is guilty of a
crime" (Read more here:
<http://www.tncrimlaw.com/TPI_Crim/24_01.htm>).

Accessing a Computer By Means Of False Pretense 
<http://www.tntech.edu/its/policies/computer_crime.html> is in this
case class C misdemeanor.

If it shall go to court, this ***could** end in prison terms (although
I must say that this is unlikely, given her regret, the fact that she
ceased to commit the offence, and her "clean" record before), see:
Justice for All 
<http://www.justiceforyall.com/docs/sentences.asp> 

However, if the police-officer told you that the case would be closed,
criminal procedure is very unlikely to occur.

Nevertheless, the victim of your daughter behaviour could sue her for
slander, impersonation, identity theft or defamation in a civil court.
While this would not result in imprisonment, this could prove to be a
very expensive lesson for your daughter and your family.

I hope this answers your question. Please contact me if you need any
clarification on this answer before you rate it. Sources:
Criminal Law
<http://www.tncrimlaw.com/TPI_Crim/>
lillybean-ga rated this answer:5 out of 5 stars
thank you so much this answere was what I was looking for.

Comments  
Subject: Re: computer fraud and harrasment
From: politicalguru-ga on 06 May 2005 12:03 PDT
 
Thank you for the rating and the tip!
Subject: Re: computer fraud and harrasment
From: nelson-ga on 06 May 2005 13:52 PDT
 
PoliticalGuru, as usual, you have p[rovided a very insightful answer. 
I'm glad to see LillyBean agrees.

LillyBean, best of luck.
Subject: Re: computer fraud and harrasment
From: mongolia-ga on 06 May 2005 17:24 PDT
 
Dear politicalguru
I am sure I noticed three earlier comments which expressed interesting
opinions as to the legality or illegality of what the questioner's
daughter did.

Have you any idea why these comments were removed?

Or should I be asking the Google Answers Editors?

Regards

Mongolia
Subject: Re: computer fraud and harrasment
From: nelson-ga on 06 May 2005 21:00 PDT
 
As one of those commenters, I am quite surprised the copmmenst were
removed.  The editors must have an itchy trigger finger.  I've been
more inflamatory in the past without such action being take.  I and
research_help-ga had a healthy, respectful debate going.
Subject: Re: computer fraud and harrasment
From: research_help-ga on 09 May 2005 10:24 PDT
 
I have asked the editors for a response as to why several polite and
professional comments were removed.
Subject: Re: computer fraud and harrasment
From: politicalguru-ga on 09 May 2005 13:27 PDT
 
Mongolia et al., 

I have no idea why these comments have been removed. I did not find
them offensive, too.

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