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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 36226
Experience:  16 years practicing criminal defense.
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Can my daughter be charged with harassment of communications

Customer Question

Can my daughter be charged with harassment of communications if she was talking about another girl in a group message that did not include the girl being talked about? Nothing has ever been said directly to the girl who has filed the charges
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Can you tell me what state you are in?

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Was anything said by daughter in the communications that was provably false or was she just expressing her opinion about the other girl?

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Has daughter actually been charged with anything or has the other person just filed a complaint?

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thanks

Barrister

Customer: replied 1 year ago.
Just a complaint has been filed. The girl they were all talking about has sept with my daughters boyfriend behind her back. And they were all joking around about kicking this girls butt. There were several in the group text saying these things , but none of it was said directly to the girl. And my daughter has never physically threatened this girl. I am in Alabama
Expert:  Barrister replied 1 year ago.

Ok, under AL law, harassing communications is defined as:.

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(b)(1) HARASSING COMMUNICATIONS. A person commits the crime of harassing communications if, with intent to harass or alarm another person, he or she does any of the following:

a. Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written or electronic communication, in a manner likely to harass or cause alarm.

b. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication.

c. Telephones another person and addresses to or about such other person any lewd or obscene words or language.

Nothing in this section shall apply to legitimate business telephone communications.

(2) Harassing communications is a Class C misdemeanor.

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So as you can see, there has to be some direct communication between daughter and the other girl. Here there is none so I don't see the DA being able to find legal grounds to charge daughter with anything since she never directly contacted the other girl. This was just a private conversation between the other girls that apparently made its way to the girl who filed the complaint.

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thanks

Barrister