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Question as to what constitutes threat/harassment...

Los Angeles, CA |

What specifically constitutes these two things by law . . . do you need to say I will kill you or stuff like that directly or not . If you say I will screw you , I fill few * k yo . . are these very serious threats or not . Also , the most important thing I would like to ask . . . . if my friend tells me , for example , " can't you few * k him up " ( referring to the person who is bringing this up to the judge . . . . and I quote my friend to the person who chi taking me to quote by saying in an email " Tom said , can't you few * k the bastard " even though I am clearly quoting what Tom told me to the guy ( the plaintiff ) in an e - mail , but as you can see it is not me saying that as I am mentioning the person who said it to me ( Tom ) , so I'm repeating what Tom said . . . how can I be liable for a harassment / threat if I am not

sorry..above word fu&k shows differently than what I typed not sure why...anyways, so if I tell another person that Tom said to me 'can't you f**k him up immediately" how can I be liable for what Tom said and my quote to the other person. I am stuck in this situation, but I did not personally threaten him as you can see where this is NO clear I will f**k you written by me. Please advise. I am not sure why some words come out differently here when submitting it, so excuse the mess please.

Attorney Answers 3

Posted

Penal Code 646.9 defines stalking as:

"Any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, of his or her immediate family.

Penal Code Section 653m:
(a) Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith.
(b) Every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device, or makes any combination of calls, to another person is, whether or not conversation ensues from making the telephone call or contact by means of an electronic communication device, guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith or during the ordinary course and scope of business.

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

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Posted

We probably shouldn't forget PC 422 which deals with threats of death or great bodily injury and which is a wobbler, meaning it can be charged as a misdemeanor or a felony. What you describe in your question sounds like a lot of loose talk that no one would take seriously. Without going through all the elements of PC 422, it does not seem applicable to what you describe.

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Asker

Posted

What happened is that he used me to get a green card, used my parents financially for a one year free living, and as I realized that he only used me for marriage, I filed for divorce after 2 month of him getting his conditional green card. This will hurt him (the divorce) in getting his permanent green card, so now he is using a 1 year old e-mail from me (when I filed for divorce) when out of frustration for being used for green card, for using my parents financially, for his lies and then the embarrassment, which he caused me by abandoning the marriage right away (after receiving his green card)...I ended up writing to him 2 weeks after filing for divorce that if I find him I will cut off his balls and his head lol. Obviously, it was 2 weeks after the divorce petition, I was angry, emotional and felt the lowest in my life. I have not seen him at all for 1 year and 2 months, and I must say that no he is using that 1-year old email against me to file a domestic violence thing with immigration to get his green card. He claims that I am going to kill him. He recently moved to my state from a different state...i knew where he lived in the different state for months and I did not pose any threat to him, but now that I have no idea where he lives, all of a sudden he woke up thinking I'm going to kill him. BUT...he has been writing me e-mails about wanting to return to me, about loving me, and all the sweet talk, asking me to cancel our divorce and that's all AFTER my stupid e-mail to him about cutting off his balls. Obviously, if he felt so threatened then why wait a year to file the restraining order against me and why show desire to be with me months after that email from me. People say stuff being emotional but obviously how the hell would I cut off his balls :) So he is using also what I quoted about what my friend told me to fu** him up (she referred to his green card..by writing to immigration), so he is also what I quoted to him what my friend said to his advantage...as if we are all going to 'kill' him but the word f**k does not mean kill. This has nothing about threats..it's an immigration issue. I need to make the judge understand this and say that I have never posed any threat to him and my e-mail was just from an emotional pi**ed of girl who got screwed.

Asker

Posted

In fact, I have an email where he tells me that he would kill me and shoot me :) I guess he forgot about it stupid crook.

Asker

Posted

Thanks for your response by the way :)

Posted

Identity of the caller is an issue at trial. You shouldn't be posting anything like this that could bring more presence to the issue. Make sure that you aren't leaving any voice recordings anywhere that the government can use for comparison. Don't talk to any law enforcement officers who might contact you. Even having a personalized greeting on your voice mail can be the basis for voice comparison.

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