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C.Cunningham
C.Cunningham, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 82
Experience:  I am an experienced criminal defense trial attorney, and family law attorney who has practiced in
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Is it illegal to post someone elses number and name in a chat

Customer Question

Is it illegal to post someone elses number and name in a chat room after using durogatory remarks?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  C.Cunningham replied 5 years ago.


HelloCustomer

I would like to answer your question. I wanted to know in which state do you reside? and what type of chat room are we specifically talking about? Also could you please place a deposit on your question, so that I may give you answer your question. Thank you.
Customer: replied 5 years ago.
Mocospace was the chat room and the state is oklahoma
Expert:  C.Cunningham replied 5 years ago.

HelloCustomer

If someone is using derogatory remarks, and publishes them, then their is a possibility that you can sue them for defamation. This would be a civil action. Unless there is a harassment element to this, in which the person placing the defamatory remarks threatens the person whose phone and name have been revealed, there is no criminal action. If there is harassment attached, which you did not mention, then there may be a criminal issue related, regarding harassment. For this, you can contact the police directly. I hope that this answer helps you. Thank you for using Just Answer. Please Press ACCEPT so that I may receive credit for my answer to you.
Customer: replied 5 years ago.
What if other people call the posted number and threaten him?
Customer: replied 5 years ago.
And what if the remarks were very racist?
Expert:  C.Cunningham replied 5 years ago.


HelloCustomer

Anyone who calls the posted number, and presents threats could be open to criminal prosectuion for harassment or assault, which by legal definition is the idea of putting someone within reasonable apprehension of receiving a battery. You should call the police. If a racist element exists, then the crime could be prosecuted in a "hate crime" category, which typically enhances the sentence of the original crime of assault. You should move to the point where you are requesting the police to investigate. Thank you for putting the deposit on your question. Please Press ACCEPT so that I may receive credit for my answer to you. Thank you.
Customer: replied 5 years ago.
The durogatory remarks posted were racist then the name and number ere posted could the poster get in trouble and if so for what?
Customer: replied 5 years ago.
I just need to no if the one who made the post can get in trouble for the racist comments and then the posting of some ones name and number causing people from the room to call and harass them and if the one who posted can get in trouble what thecharge is
Customer: replied 5 years ago.
I just need to no if the one who made the post can get in trouble for the racist comments and then the posting of some ones name and number causing people from the room to call and harass them and if the one who posted can be arrested what for
Expert:  C.Cunningham replied 5 years ago.


The statute for preventing harassment on the basis of race through any type of media, which prevents assault or harassment through telephone lines, computer lines, etc. can be found at 21 Oklahoma Statutes Section 850, which states in part under section 850. Malicious intimidation or harassment because of race, color, religion, ancestry, national origin or disability--Standardized reporting system


"A. No person shall maliciously and with the specific intent to intimidate or harass another person because of that person's race, color, religion, ancestry, national origin or disability:

1. Assault or batter another person;

2. Damage, destroy, vandalize or deface any real or personal property of another person; or

3. Threaten, by word or act, to do any act prohibited by paragraph 1 or 2 of this subsection if there is reasonable cause to believe that such act will occur.

B. No person shall maliciously and with specific intent to incite or produce, and which is likely to incite or produce, imminent violence, which violence would be directed against another person because of that person's race, color, religion, ancestry, national origin or disability, make or transmit, cause or allow to be transmitted, any telephonic, computerized, or electronic message.

C. No person shall maliciously and with specific intent to incite or produce, and which is likely to incite or produce, imminent violence, which violence would be directed against another person because of that person's race, color, religion, ancestry, national origin or disability, broadcast, publish, or distribute, cause or allow to be broadcast, published or distributed, any message or material.

D. Any person convicted of violating any provision of subsections A, B or C of this section shall be guilty of a misdemeanor on a first offense and a felony punishable by not more than ten (10) years incarceration in the custody of the Department of Corrections for a second or subsequent offense. The fine for a felony violation of this section shall not exceed Ten Thousand Dollars ($10,000.00). Furthermore, said person shall be civilly liable for any damages resulting from any violation of this section.

E. Upon conviction, any person guilty of a misdemeanor in violation of this section shall be punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a period of not more than one (1) year, or by both such fine and imprisonment.

F. The Oklahoma State Bureau of Investigation shall develop a standard system for state and local law enforcement agencies to report incidents of crime which are apparently directed against members of racial, ethnic, religious groups or other groups specified by this section. The Oklahoma State Bureau of Investigation shall promulgate rules, regulations and procedures necessary to develop, implement and maintain a standard system for the collection and reporting of hate crime data. All state, county, city and town law enforcement agencies shall submit a monthly report to the Oklahoma State Bureau of Investigation on forms prescribed by the Bureau. The report shall contain the number and nature of the offenses committed within their respective jurisdictions, the disposition of such matters and any other information the Bureau may require, respecting information relating to the cause and prevention of crime, recidivism, the rehabilitation of criminals and the proper administration of criminal justice.

G. No person, partnership, company or corporation that installs telephonic, computerized, or electronic message equipment shall be required to monitor the use of such equipment for possible violations of this section, nor shall such person, partnership, company or corporation be held criminally or civilly liable for the use by another person of the equipment in violation of this section, unless the person, partnership, company or corporation that installed the equipment had prior actual knowledge that the equipment was to be used in violation of this section."

Therefore, you need to report this to the Oklahoma Bureau of Investigation, as a State Agency. You have to report this in order for an investigation to begin. I hope this has helped. I will follow up if you need it. Please press ACCEPT so that I may receive credit for my answer. Thank you.
Customer: replied 5 years ago.
So the poster could only get a misdemenor for posting racist words then giving out some ones name and number if its their first time right?
Customer: replied 5 years ago.
And if the one who posted did it more than once is it a felony?
Expert:  C.Cunningham replied 5 years ago.
HelloCustomer

Under this statute, more than once would be a felony. That is correct. Thank you.
Customer: replied 5 years ago.
The only racist thing said was the n word does that fall under this statute
Expert:  C.Cunningham replied 5 years ago.

Yes, it does,Customer IThat word is definitely placed under the Oklahoma statute that I provided to you. I appreciate that you are using JustAnswer. Thank you very much.

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C.Cunningham
C.Cunningham
Criminal Lawyer
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I am an experienced criminal defense trial attorney, and family law attorney who has practiced in