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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23561
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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where is my answer for my first question

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where is my answer for my first question???
HelloCustomer

The system is only showing one question (this one) posted by you at this time.

If you would be so kind as to provide information regarding your question, I will do my best to help, if I am able.

Thanks,
Cher
Customer: replied 6 years ago.

My orriginal question was...While I was overses, my neighbor was screwing my wife. I told him I was going to whip his ass but mhe called th police or someone posing a the police. I wsa told I could not contact him in any way. But, my plan is to let his neighbors know that they have a WIFE PREDATOR in their midst. Am I breaking any law by doing this.

 

Customer: replied 6 years ago.
My original question was...While overseas, my neighbor was screwing my wife. I told him I was going to whip his ass. He called to police or had someone call posing as the police and told me they would put out a warrant for me arrest if I contacted hime again. I have not. But, my plan is to send letters to his neighbors telling them that they have a WIFE PREDATOR in their midst. Am I breaking the law if I send these letters. Thanks Gene
Hello again, Gene, and thanks for your reply with additional information.

I'm going to request your question be transferred to our Legal category, where a lawyer will answer you.

I wish you much good luck!

Cher
Customer: replied 6 years ago.
Thanks, I'll be waiting for his/her reply
You're most welcome!

The request has been sent, for a transfer to our Legal category.

Regards.
Cher
Hello,

While you may have grounds to be angry, self-help of the sort you're planning, can certainly cause you to run afoul of the law. I don't know where you are, but in my state and likely in others as well, if you carry out what you're planning you could end up being prosecuted for a criminal offense. It would be aggravated harassment in NYS and carry a penalty of up to a year of jail time.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.

Customer: replied 6 years ago.
the State would be Tennessee
Thanks for the quick reply. Give me a bit to look over some Tennessee criminal statutes. I'll reply with an answer shortly.
Hello again,

You could be charged criminally with harassment in Tennessee and perhaps sued civilly as well for defamation of character. It just really isn't a great idea to send letters and name call like this any way you look at it. On the civil front, while truth may be a defense to libel, an adult who has consensual sex with another adult is not a sexual predator, whatever else he might be.

Here's the Tennessee Harassment statute. You want to look at Section (a) 4. A. This offense is an an A misdemeanor, punishable by up to a year of jail. Your lawyer could certainly argue that you had a legitimate purpose in sending the communication within this guy's community, but whether that's true or not would be up to a jury. And if it just looks like trying to get even, that would not be good for you. Do it enough and Tennessee would consider it Stalking and it would become a felony charge. Again, don't misunderstand me. It doesn't take much to get someone arrested or for a prosecutor to file charges thereafter. A conviction is a whole other matter. But you could certainly be arrested for harassment and maybe more, have to come back to court once a month, hire a lawyer, and risk jail.

I would not recommend you carrying this out. I suspect that if sending these letters made you feel better, you wouldn't get to feel good for long.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23561
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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