Posted: 11/5/2011 2:54:17 AM EDT
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I'm asking this in Hometown because I'm not sure whether this would fall under State or Fed law (if either).
Is it illegal to make threats via cell text? Situation is: my son got into an argument with an ex-girlfriend, and things were said on both sides that probably never should have been said. In short, the ex's brother invited himself into the melee, and is now threatening (texting), to ambush my son someday when he gets off work and kick his ass. My son's not in the clear, but has tried to apologize to the girl and resolve things peacefully, but Brother is a bit of a knuckle-dragger type and won't turn it loose. I'm not sure it'll just die down on it's own, so I'm just trying to get an idea of where we stand legally on the issue. Both my son and ex's brother are 18 (barely), but still in high school. Advice? |
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I would think it would be some type of offense... Just not sure how bad. I don't think the L.E. would do much just on txts alone. Now if the Exs Bro does jump your son and you want to file charges I could help. Just make sure you keep the txts on the phone... I'm sure if there was a case, they could look at the phone and pull its records too... Kujo, SCPD, whats your take? |
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I have had the text message conversation with my lawyer on a few occasions (hes my brother, we discuss random things on occ.) and he loves them. Has used them in court a number of times. Then again he mostly does civil cases and the rules of evidence are different in civil vs criminal cases. |
Missouri Revised StatutesChapter 565Offenses Against the Person Section 565.090 Harassment. 565.090. 1. A person commits the crime of harassment if he or she: (3) Knowingly frightens, intimidates, or causes emotional distress to another person by anonymously making a telephone call or any electronic communication Good luck, especially in St. Louis County as the PA's office won't even look at it unless there's an absolute, clear "I'm going to blow your head off" threat. Can't squash freedom of speech/aka veiled threats. |
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IMO....it's a recorded threat. That's better than a witness!
What would your opinion be if it was spoken over the phone or in person? It may be ones word against another then.....the text/email/Facebook/twitter threats are all recordable and are proof IMO. I would encourage your son NOT to erase any texts, including any that make him look bad, and keep them as possible evidence in the chance something does happen. |
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Quoted: Yup, thats what I was getting at...IMO....it's a recorded threat. That's better than a witness! What would your opinion be if it was spoken over the phone or in person? It may be ones word against another then.....the text/email/Facebook/twitter threats are all recordable and are proof IMO. I would encourage your son NOT to erase any texts, including any that make him look bad, and keep them as possible evidence in the chance something does happen. |
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Quoted:
I have had some time to think about this; Has your son thought about just looking this "knuckle dragger" in the eye and apologizing? That was my advice to him at first (after apologizing to the girl). He's convinced that it won't do any good, and I tend to agree with him. I've dealt with the family before, and with the exception of the girl, to be polite, I'll just say "they ain't quite right". I was extremely frustrated in trying to deal with them on that other issue - I'm much more a diplomat than a brawler, but trying to bring reason into that discussion was like arguing with a goat. Quoted:
If this were GD I would have to comment on how your son must now piss on the brother to show dominance but since its HTF the best advice you can give your son is this: Play stupid games win stupid prizes. I don't disagree with that, and have made it absolutely clear to him that he brought this on himself by acting impulsively and lashing out (verbally) at the girl in anger. He made a serious mistake, knows it, and apologized for it. IMO it should end there, but I don't think it's going to. In a way I don't even blame the other kid - if someone was harassing my daughter, I'd expect my son to defend her too. But I think we're dealing with people who have a touch of the crazies, and I'm afraid this could escalate into something well beyond a schoolyard scuffle. I think the whole family is missing the "just let it go" gene. I don't think my son would have much trouble taking care of himself in a fair fight. He's not a weenie, and has had a considerable amount of self-defense training. I jus don't think it'll end there, though - if my son beats the crap out of him (in self-defense), I'm afraid it'll just step things up a notch - even up to life-threatening levels. Thanks for all the replies so far! Unfortunately my son had already deleted a lot of the texts before he came to us with the problem. He's still got the ones that contain the threats, though, and we've already told him not to delete anything else, whether he thinks it's important or not. |
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Deleting those texts makes him look bad IMO. Kinda like if you and I got into an argument via text and the only record I had of anything was what you said to me....they would have to wonder what I was hiding!
Hope things work out. Sounds like he dug himself a deep hole....but he'll be less likely to break that shovel out as he gets older. |
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What about communication the old fashion way? I realize that anyone born after 1985 doesn't know that you can verbally talk to other humans but what if you took your son to their house to physically apologize to this girl infront of her father and potentially the brother? (you calling her dad ahead of time to schedule an appropriate time). Maybe daddy will step out of the trailer and see that you and your son are acting like real men and showing respect to his daughter.
I don't know your exact situation but it may help cool this fire before Billy White-trash takes it too far. |
| Call the pricks bluff. Meet at the gym, sign releases and kick the shit out of him. Loud mouths who talk about what they are going to do usually do nothing, If I were going to kick your ass i sure as hell wouldn't warn you about it... No sense in being afraid of a thug. |
| I know a couple of school Resource Officers who are commissioned officers. They would review the phone texts and then contact the sending party if they were threatening. A call to the perp and his parents from the cops often solve the problem. Kind of diminishes the entertainment value for bullies. You might give that a try especially if both students attend the same HS. Good for you for trying to help your son and seeing both sides and good for your son for coming to you. Good luck. |
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I agree with a lot of the above.
1. Talking to an idiot is like talking to a wall. - You should at least give a shot. - I would be very leery of going to their home. See if you can find a public place. 2. Most bullies ain't got crap. - That is why the idiot is threatening an ambush. - Have son meet him after school and say, "Here I am. Get it on. - Don't wait on being ambushed. - Go offensive. (My son did this. I came home from to two of the church deacons setting on my porch with my son. LOL. Well he did win.) Kid didn't bother him any more. 3. As you noted, most times crap gets ended after a fight. - 99.9% its over. That .1% is a bother. - Just because you win, doesn't mean you don't keep your eyes open. I really don't think you will get any action until AFTER there is some sort of follow-up incident. Then the texts are going to be good. If all else fails, your son needs to make sure he stays close to friends for witnesses. Good luck! Joe |
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Have your son, being 18, send a certified letter to the "threatening" person diplomatically requesting that no further contact be made with him via any methods. Keep those records. Then, if the harassment continues, contact the police as you have some records that will illustrate that you were utilizing the most diplomatic means available to you prior to involving law enforcement. Eventually, you may even be able to file for an ex parte order of protection and have a hearing for a full order of protection against the "threatening" person. This last part could be a tough consequence for the other party.
Note - I am not an attorney, I do not play one on TV, I have not personally performed these actions before and I did NOT stay at a Holiday Inn Express last night. |