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I am not aware of any federal criminal law that would have been broken by his posts on his mother's page.
There would certainly be a cause of action for slander/libel/defamation in the US if he was in the US when the statements were posted, but that is the only thing that I realistically see is raised by your facts.
The fact that the mother created the pages in Holland wouldn't have any bearing since his actions were done in the US.
Was there a specific law you had in mind?
I had the federal cyber harassment law in mind. Read about the prosecution of a gentleman in 2004 for cyber harassment, below. The situation is a little different, but still, a law on this type of behavior exists and I would like to know if my wife's ex-husband's actions fall within that terms of that law.
James XXXXX XXXXX, 38, of Columbia, South Carolina, was sentenced to 5 years of probation, 500 hours of community service, and more than $12,000 in restitution today for two counts of Use of a Telecommunications Device (the internet) with Intent to Annoy, Abuse, Threaten or Harass.
In court, Murphy told the Judge what he did was "stupid, hurtful and just plain wrong. I was going though a bad patch in my life. I want to take my lumps and get on with life."
This case was investigated by the Northwest Cyber Crime Task Force, composed of the FBI, United States Secret Service, Internal Revenue Service, Seattle Police Department, and Washington State Patrol. The NWCCTF investigates Cyber-related violations including criminal computer intrusions, intellectual property theft, child pornography and internet fraud.
The cyber harassment (cyber stalking) cases are rarely enforced and require something more than posting on a web page. There is a lot of doubt if they will even withstand scrutiny by the Supreme Court when a case finally makes it to them. The language in the statutes is ambiguous and that usually results in a reversal and them being declared unconstitutional just like many of the regular stalking laws were at first.
I appreciate the reply. I also feel that the Libel/Defamation claims will not hold up, because I have not suffered any financial loss, except for my investigative time and the expense to use "Just Answer.Legal". Your thoughts?
The one they usually threaten with is the Communications decency Act of 1996 which you can see at http://www.netjaunt.com/thinkinghurts/decencyact.txt
Damages are always the hardest to prove in a slander case, which si why you rarely see them pursued.
What were the type of comments he made?
By the way, the problem with a prosecution in your case is that there weren't emails directed to you, it was posts on a website.
He said I molested his daughter and makes other statements along the lines that she has been abused and severely punished. These claims are distortions at best.
you can google, "Oma Albers Una Albers" and view the Google+ page, which contains most of what is contained on other pages.
Hmmm. That is a little more offensive than most. Let me look up a couple of things. Wait here in Chat if you would. This shouldn't take more than a minute or two.
Do you both live in NY by the way?
yes, intrastate, both in new york.
Let me look to see if the NY harassment statute will fit.
The NY harassment statute is at http://law.onecle.com/new-york/penal/PEN0240.30_240.30.html
Arguably you could make it fit. Again, as with the federal statutes, there is an issue with a post as opposed to an email.
However, this statute doesn't require transmitting or delivering tot he victim, it just requires transmitting or delivering the message in a manner likely to cause annoyance or harm.
I think the NY statutey applies to the spurious ACS (child services) complaints. He even filed a complaint when his visits were supervised. The supervising person never heard any complaint of that nature from the daughter during the visits.
You could file on him for that as well and maybe the prosecutor would be willing to stick these in as additional charges. I can tell you that a jury is going to look very, very poorly on this.
You are much more likely to get a state prosecutor to pursue it as opposed to a federal one.
Ok, so you feel my best chance is to contact the Brooklyn DA's office, even if they ignore my wife's letter? Thank you for your time and investigative work.
I think so. You may even want to go in person, take copies of the posts, as well as a typewritten copy of a general outline of what transpired.
Ok, will do. I am just down the street right now.
There could, theoretically, even be some type of law broken because of exposing a child with a "disability" to something that could cause them duress. If posts are made in a way calculated to allow her to find them.
I've never seen that type of charge but I would be willing to bet there is a law thatit woudl fit under.
Knowing that he did that would also make a prosecutor more likely to pursue him because that is designed to harm a child.
My wife could take him back to the Supreme Court, but it cost her $200K to get the supervised visits. She wants to move on.
I certainly understand her point but yours is valid as well.
You could also seek an injunction against him separate and apart from her and force him to remove those posts. Likely you could get attorney's fees awarded in your favor as well if you did that.
I would need a criminal attorney to process an injunction? I am not familiar with that process. My wife and I filed separate complaints to Google.
No, a civil lawyer would do the injunction. Any of them who do family law or civil trial law or civil litigation could do it. They are very complicated but not if you have done them a few times.
OK. I will definitely pursue the possibilities you noted. The goal of my query is to pursue a plausible path. You have provided me some clarification as to where I should direct my energy.
You're very welcome and I wish you and your family the best. Please pop back on here if you remember and let me know what happens.
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