Legal definition intimidating

18 Dec

– Before you post that nasty comment about someone on Facebook, or before cyber stalk…you might want to think about whether that communication or internet spying might cross the line.

In this blog the Indianapolis Criminal Defense Attorneys of Banks & Brower will focus on two of the most common communication-based criminal charges: intimidation and harassment,both of which seem to be filed more and more often, especially with the advent of social media and the ease at which people are accessible and in which someone can invade on people’s personal and private lives.

Your co-workers may be bullying you if they give you the "silent treatment" or otherwise consistently ostracize you. Superiors, peers or even subordinates may sabotage your work to provide a pretext for disciplining you or even firing you.

Your tormentors may even accuse you of bullying them if you stand up to them.

As electioneering tactics have grown more subtle, however, courts have had to decide what constitutes voter intimidation on a case-by-case basis.

The suit alleging intimidation by poll watchers in Ohio cited a New Jersey consent decree from 1982 in which the Republican National Committee, without admitting to any unlawful behavior, agreed to stop using so-called "ballot security squads" to check voters' credentials in predominantly black and Latino precincts.

In Arizona, cases of threats and intimidation are not viewed lightly in the judicial system.

Both of the above cases as well as the Ohio and South Dakota rulings deal with intimidation at a polling place.A quick way to differentiate the two is an intimidation is typically based on a “threat” while harassment is based on “annoyance.” As such, we find now is as good as a time as ever to address both of these crimes in detail. The statute itself hinges on the definition of “threat,” and many would be surprised by what qualifies as a “threat.” According to the statute, a threat is “an expression, by words or action, of an intention to: (1) unlawfully injure the person threatened or another person, or damage property; (2) unlawfully subject a person to physical confinement or restraint; (3) commit a crime; (4) unlawfully withhold official action, or cause such withholding; (5) unlawfully withhold testimony or information with respect to another person’s legal claim or defense, except for a reasonable claim for witness fees or expenses; (6) expose the person threatened to hatred, contempt, disgrace, or ridicule; (7) falsely harm the credit or business reputation of the person threatened; or (8) cause the evacuation of a dwelling, a building, another structure, or a vehicle.” The statute says that when a person communicates a “threat” to another person and intends to (1) force someone to engage in behavior against their will, (2) place another person in “fear of retaliation” for a “prior lawful act,” (3) force someone from their house, building, structure or vehicle, commits a Class A Misdemeanor, Intimidation.However, the crime can become a Level 6 Felony (with a sentence potential of 6-months to 2.5 years) if the “threat” (1) is used to commit a “forcible felony,” (2) is made against the following people: a police officer, judge/bailiff, a witness, a spouse or child of a witness, an employee of a school corporation, a volunteer police officer, court employee, probation officer/employee, community corrections officer/employee, (3) is made by a individual with a prior unrelated conviction concerning the same victim, and/or (4) is made by way property (including electronics) of a school corporation or governmental entity.and exists when a defendant intends to annoy, harass, or alarm another person in a way that would not be considered “legitimate communication.” In other words, when evaluated from a a non-biased person’s perspective, the communication from the defendant is made in such away that it is not intended as simple, normal dialogue or communication.Rather, the illegitimate communication is made by a perpetrator in the following ways: (1) a phone call with or without conversation, (2) a communication by written mail or telegraph, (3) an obscene communication with profane words or messages through a “Citizens Radio Service,” (4) an electronic communication by way of a computer network (as defined in ) to communicate to another person or transmit an obscene message or indecent/profane word to a person.