More details to this question:
Ex-Fiance of mine (very recent), had the nerve to cheat on me with multiple guys while I was away (when we were together). I sent her a text telling her I knew about it and she really should be so stupid and I did include profane words, but never in a threatening manor or with intention to threaten, just to let her know I knew and how hurt I was. Her new BF texted me back saying he was going to report me to the police for harassment. Were 5 hours apart now. Does she have any basis for an actual case?
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The criminal charge which I believe most closely resembles the facts you have given is:
§ 18.2-152.7:1. Harassment by computer; penalty.
If any person, with the intent to coerce, intimidate, or harass any person, shall use a computer or computer network to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act, he shall be guilty of a Class 1 misdemeanor.
With the way our cell phones work now a days, their is an argument that they are computers. To give more definitive an answer, I would need to know exactly what was said. Their is some really good case law out of the telephone threat statute that found using just profanity (a slang word for a female reproductive organ) was not sufficient for that statute.
Answered on Aug 12th, 2013 at 3:37 PM