The Virginia Supreme Court has held that actual obscenity is required if a conviction is sought under the first or second category.
If the electronic communication contains any one of these three categories of harassment, the statute will be violated.Īs a practical matter, a communication that is merely profane or vulgar is not going to be enough to constitute cyberbullying, despite what it says in the statute. To be successful in a civil suit, the victim will generally need to prove (1) that the cyber bully possessed an intent to coerce, intimidate, or harass, and (2) that the bully sent one or more computer messages that (a) contained obscene, vulgar, profane, lewd, lascivious, or indecent language, (b) made a suggestion or proposal of an obscene nature, or (c) threatened an illegal or immoral act. Titled "Harassment by Computer," it provides that, "If any person, with the intent to coerce, intimidate, or harass any person, shall use a computer or computer network to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act," he is guilty of harassment by computer, a crime that may also serve as a basis for a civil action for damages. One of Virginia's key anti-cyberbullying statutes, Section 18.2-152.7:1, is found in the Virginia Computer Crimes Act.
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At BerlikLaw, our cyberbullying lawyers know how to track down these cowards and hold them accountable. The anonymity of the Internet instills a sense of invincibility among the bullies, many of whom believe (erroneously) that they can never be identified or stopped. A cyberbully often attacks his victims anonymously, emboldened with the knowledge that retaliation is unlikely due to the lack of a physical confrontation. Workplace bullying has become increasingly prevalent, too. Cyberbulling and online intimidation are not limited to school-age children. While traditional bullying behavior has been around forever, cyber bullying is a relatively new phenomenon, having risen with the ubiquity of smartphones, text messaging, email, and social media. It is often relentless and persistent and can cause severe emotional distress. When a person accuses you of threatening to cause harm or kill them or a member of their family, the offense is severely prosecuted.Bullying generally refers to any aggressive and unwanted behavior that is intended to harm, intimidate, or humiliate the victim.
#Code of va harassment code
Is it a crime to threaten someone on the phone in virginia?Ĭriminal Threats as Found Under Virginia Code 18.2-60 This statute states that any person that communicates electronically or through the phone by issuing threats to harm or kill another is guilty of a crime. Many states don't have a specific phone harassment law. Harassment, whether or not by phone, is behavior meant to intimidate, annoy or threaten another person, or place that person in fear for their safety or that of their family. General Harassment Laws Often Ban Abusive Phone Calls. Is it against the law to harass someone on the phone? When you let a person use your phone or electronic gadget to call or send harassing messages to another, you will get charged with violating Virginia code 18.2-427. You can also be charged with phone harassment even when you are not the one that made the communication. Can you be charged with harassment in virginia? A conviction, however, will require the prosecutor to convince the court of your guilt by proving certain elements or facts of the offense. Frequently Asked Questions Whats the law on harassing phone calls in virginia?ĭefining Harassing Phone Calls or Messages According to the Law If you are charged with the offense of phone harassment, according to Virginia Code 18.2-427, you will be prosecuted on a Class 1 misdemeanor.
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