Law Limited in Cyberstalking Cases

Posted by : Mohadeseh Pourbehzadi | Wednesday, September 15, 2010 | Published in

The problem that prosecutor Jack Banas is running into the case against Lori Drew is a legal one. (If you have no idea what I’m talking about, read my post “Megan’s MySpace Suicide” and this Fox News article about the case.) There are no laws on which he can bring charges against Drew and her co-conspirators. Missouri state law is too narrow and doesn’t include cases of cyberstalking, which is what we’re talking about here because Megan Meier was the target of this harassment. Banas can’t bring charges against Drew if the specific situation doesn’t fit with the law, and that’s the problem into which he’s up against. He can’t take the case to court without charges and he can’t bring up charges because the law hasn’t yet been adjusted to our changing cyberworld.
According to the Fox News Article, only a handful of states have specific laws to address the growing problem of cyberstalking; these states include Illinois, Louisiana, Mississippi, North Carolina, Rhode Island, and Washington. A few other states–Florida, Nevada, Delaware, and Virginia–have made changes to their stalking laws to include cyberstalking.
Banas’ hands are tied. In order to allow for prosecution in further cases where teens or others are harassed online, we have to let our state legislatures know that they need to be abreast of the changes in how people communicate in our world and make laws that protect citizens accordingly. It won’t bring back Megan Meier, but it will bring justice to other victims of online harassment.




http://atypicalgirl.wordpress.com/2007/12/04/law-limited-in-cyberstalking-cases/

comments

  1. Mohadeseh Pourbehzadi said...

    People who have been or are being harassed online should be helped, but not by a criminal investigation towards the harassers. These people need to learn the consequences of posting personal information on the internet. they should even be wary of giving out your e-mail address. Nowadays many people will just give it out. Most of this information gathering is for corporate purposes, but any lunatic can make use of this free info as well. A hacker has a better chance than someone who isn't, but they can get pretty far too.

    November 7, 2010 at 1:24 AM

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