Legal Question in Technology Law in New York

computer harassment?
A friend of mine was chatting with a woman online and asked her if she was ''sexually submissive'' she blew up, called him a pig, and said she would turn his IM into the law and would see him in court. It was a onetime comment and onetime chat. Could he be charged or sued? If so, because she is out of state, in which jurisdiction would you be prosecuted? The state which it was sent or the state in which the message was received?

Asked on 7/01/07, 6:07 pm

3 Answers from Attorneys

Kristen Browde Browde Law, P.C.

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Re: computer harassment?

If there were to be charges or litigation over the incident, there would be proper jurisdiction in either state. However, unless there was a lot more than a simple question in a single chat session (such as a minor being involved), it's more than unlikely that there would be any criminal prosecution in any jurisdiction, and any civil claim would be flimsy at the most.

Answered on 7/01/07, 6:55 pm

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Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

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Re: computer harassment?

Though the case would have venue in either the sending or receiving state, if the receiver is over 18 then it is probably not a case certainly not a criminal case if your facts are accurate.

If she is under 18 it might not be either but why chance it. Tell him to stay far away from her. Block her and whatever he does not to try to contact her in anyway. Then tell him maybe he needs to leave the X-rated talk out of his Internet chats.

Answered on 7/01/07, 10:31 pm

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