What can be done if I am being harrassed via email?
Full Question:
Answer:
Harassment is governed by state laws, which vary by state, but is generally defined as a course of conduct which annoys, threatens, intimidates, alarms, or puts a person in fear of their safety. Harassment is unwanted, unwelcomed and uninvited behavior that demeans, threatens or offends the victim and results in a hostile environment for the victim. Harassing behavior may include, but is not limited to, epithets, derogatory comments or slurs and lewd propositions, assault, impeding or blocking movement, offensive touching or any physical interference with normal work or movement, and visual insults, such as derogatory posters or cartoons.
Blackmail is the crime of threatening to reveal embarrassing, disgraceful or damaging information about a person to the public, family, spouse or associates unless money is paid to purchase silence. It is a form of extortion. Because the information is usually substantially true, it is not revealing the information that is criminal, but demanding money to withhold it. Blackmail has been defined in the broad sense to mean "compelling someone to act against their will or gaining or attempting to gain something of value." Courts vary on interpreting what "something of value" includes, but it is not necessarily a money payment in all cases.
A person commits the crime of extortion if he knowingly obtains by threat control over the property of another, with intent to deprive him of the property. The property extorted may be an item of personal property or a sum of money. A threat may include impersonating as government official, such as a police officer. Extortion is a felony in all states, except that a direct threat to harm the victim is usually treated as the crime of robbery. Extortion may be classified under different categories of seriousness depending on the degree of wrongful intent. Blackmail is a form of extortion in which the threat is to expose embarrassing, damaging information to family, friends or the public.
Defamation is an act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation. Such defamation is couched in 'defamatory language'. Libel and slander are subcategories of defamation. Defamation is primarily covered under state law, but is subject to First Amendment guarantees of free speech. The scope of constitutional protection extends to statements of opinion on matters of public concern that do not contain or imply a provable factual assertion.
The following are Colorado statutes:
18-3-207. Criminal extortion— aggravated extortion.
(1) A person commits criminal extortion if:
(a) The person, without legal authority and with the intent to induce
another person against that other person's will to perform an act or to
refrain from performing a lawful act, makes a substantial threat to confine
or restrain, cause economic hardship or bodily injury to, or damage the
property or reputation of, the threatened person or another person; and
(b) The person threatens to cause the results described in paragraph (a)
of this subsection (1) by:
(I) Performing or causing an unlawful act to be performed; or
(II) Invoking action by a third party, including but not limited to, the
state or any of its political subdivisions, whose interests are not
substantially related to the interests pursued by the person making the
threat.
(1.5) A person commits criminal extortion if the person, with the intent
to induce another person against that other person's will to give the
person money or another item of value, threatens to report to law
enforcement officials the immigration status of the threatened person or
another person.
(2) A person commits aggravated criminal extortion if, in addition to the
acts described in subsection (1) of this section, the person threatens to
cause the results described in paragraph (a) of subsection (1) of this
section by means of chemical, biological, or harmful radioactive agents,
weapons, or poison.
(3) For the purposes of this section, "substantial threat" means a threat
that is reasonably likely to induce a belief that the threat will be
carried out and is one that threatens that significant confinement,
restraint, injury, or damage will occur.
(4) Criminal extortion, as described in subsections (1) and (1.5) of this
section, is a class 4 felony. Aggravated criminal extortion, as described
in subsection (2) of this section, is a class 3 felony.
18-1.3-406. Mandatory sentences for violent crimes.
(1)
(a) Any person convicted of a crime of violence shall be sentenced
pursuant to the provisions of section 18-1.3-401 (8) to the department of
corrections for a term of incarceration of at least the midpoint in, but
not more than twice the maximum of, the presumptive range provided for such
offense in section 18-1.3-401 (1)(a), as modified for an extraordinary
risk crime pursuant to section 18-1.3-401 (10), without suspension; except
that, within ninety days after he or she has been placed in the custody of
the department of corrections, the department shall transmit to the
sentencing court a report on the evaluation and diagnosis of the violent
offender, and the court, in a case which it considers to be exceptional and
to involve unusual and extenuating circumstances, may thereupon modify the
sentence, effective not earlier than one hundred twenty days after his or
her placement in the custody of the department. Such modification may
include probation if the person is otherwise eligible therefor. Whenever a
court finds that modification of a sentence is justified, the judge shall
notify the state court administrator of his or her decision and shall
advise said administrator of the unusual and extenuating circumstances that
justified such modification. The state court administrator shall maintain a
record, which shall be open to the public, summarizing all modifications of
sentences and the grounds therefor for each judge of each district court in
the state. A person convicted of two or more separate crimes of violence
arising out of the same incident shall be sentenced for such crimes so that
sentences are served consecutively rather than concurrently.
(b) Notwithstanding the provisions of paragraph (a) of this subsection
(1), any person convicted of a sex offense, as defined in section
18-1.3-1003 (5), committed on or after November 1, 1998, that constitutes
a crime of violence shall be sentenced to the department of corrections
for an indeterminate term of incarceration of at least the midpoint in
the presumptive range specified in section 18-1.3-401 (1)(a) (V) (A) up to
a maximum of the person's natural life, as provided in section 18-1.3-1004
(1).
(2)
(a)
(I) "Crime of violence" means any of the crimes specified in
subparagraph
(II) of this paragraph (a) committed, conspired to be
committed, or attempted to be committed by a person during which, or in the
immediate flight therefrom, the person:
(A) Used, or possessed and threatened the use of, a deadly weapon; or
(B) Caused serious bodily injury or death to any other person except
another participant.(II) Subparagraph (I) of this paragraph (a) applies to the following
crimes:
(A) Any crime against an at-risk adult or at-risk juvenile;
(B) Murder;
(C) First or second degree assault;
(D) Kidnapping;
(E) A sexual offense pursuant to part 4 of article 3 of this title;
(F) Aggravated robbery;
(G) First degree arson;
(H) First degree burglary;
(I) Escape; or
(J) Criminal extortion.
(b)
(I) "Crime of violence" also means any unlawful sexual offense in
which the defendant caused bodily injury to the victim or in which the
defendant used threat, intimidation, or force against the victim. For
purposes of this subparagraph (I), "unlawful sexual offense" shall have the
same meaning as set forth in section 18-3-411 (1), and "bodily injury"
shall have the same meaning as set forth in section 18-1-901 (3)(c).
(II) The provisions of subparagraph (I) of this paragraph (b) shall apply
only to felony unlawful sexual offenses.
(c) As used in this section, "at-risk adult" has the same meaning as set
forth in section 18-6.5-102 (1), and "at-risk juvenile" has the same
meaning as set forth in section 18-6.5-102 (1.5).
(3) In any case in which the accused is charged with a crime of violence
as defined in subsection (2)(a) (I) of this section, the indictment or
information shall so allege in a separate count, even though the use or
threatened use of such deadly weapon or infliction of such serious bodily
injury or death is not an essential element of the crime charged.
(4) The jury, or the court if no jury trial is had, in any case as
provided in subsection (3) of this section shall make a specific finding as
to whether the accused did or did not use, or possessed and threatened to
use, a deadly weapon during the commission of such crime or whether such
serious bodily injury or death was caused by the accused. If the jury or
court finds that the accused used, or possessed and threatened the use of,
such deadly weapon or that such injury or death was caused by the accused,
the penalty provisions of this section shall be applicable.
(5) In any case in which the accused is charged with a crime of violence
as defined in subsection (2)(a) (II) of this section, the indictment or
information shall so allege in a separate count, even though the use of
threat, intimidation, or force or the infliction of bodily injury is not an
essential element of the crime charged.
(6) The jury, or the court if no jury trial is had, in any case as
provided in subsection (5) of this section shall make a specific finding as
to whether the accused did or did not use threat, intimidation, or force
during the commission of such crime or whether such bodily injury was
caused by the accused. If the jury or court finds that the accused used
threat, intimidation, or force or that such bodily injury was caused by the
accused, the penalty provisions of this section shall be applicable.
(7)
(a) In any case in which the accused is charged with a crime of
violence as defined in this section and the indictment or information
specifies the use of a dangerous weapon as defined in sections 18-12-101
and 18-12-102, or the use of a semiautomatic assault weapon as defined in
paragraph
(b) of this subsection (7), upon conviction for said crime of
violence, the judge shall impose an additional sentence to the department
of corrections of five years for the use of such weapon. The sentence of
five years shall be in addition to the mandatory sentence imposed for the
substantive offense and shall be served consecutively to any other sentence
and shall not be subject to suspension or probation.
(b) For the purposes of this subsection (7), "semiautomatic assault
weapon" means any semiautomatic center fire firearm that is equipped with a
detachable magazine with a capacity of twenty or more rounds of ammunition.
18-9-111. Harassment— stalking.
(1) A person commits harassment if, with intent to harass, annoy, or alarm
another person, he or she:
(a) Strikes, shoves, kicks, or otherwise touches a person or subjects him
to physical contact; or
(b) In a public place directs obscene language or makes an obscene gesture
to or at another person; or
(c) Follows a person in or about a public place; or
(d) Repealed.
(e) Initiates communication with a person, anonymously or otherwise by
telephone, computer, computer network, or computer system in a manner
intended to harass or threaten bodily injury or property damage, or makes
any comment, request, suggestion, or proposal by telephone, computer,
computer network, or computer system that is obscene; or
(f) Makes a telephone call or causes a telephone to ring repeatedly,
whether or not a conversation ensues, with no purpose of legitimate
conversation; or
(g) Makes repeated communications at inconvenient hours that invade the
privacy of another and interfere in the use and enjoyment of another's home
or private residence or other private property; or
(h) Repeatedly insults, taunts, challenges, or makes communications in
offensively coarse language to, another in a manner likely to provoke a
violent or disorderly response.
(1.5) As used in this section, unless the context otherwise requires,
"obscene" means a patently offensive description of ultimate sexual acts or
solicitation to commit ultimate sexual acts, whether or not said ultimate
sexual acts are normal or perverted, actual or simulated, including
masturbation, cunnilingus, fellatio, anilingus, or excretory functions.
(2) Harassment pursuant to subsection (1) of this section is a class 3
misdemeanor; except that harassment is a class 1 misdemeanor if the
offender commits harassment pursuant to subsection (1) of this section with
the intent to intimidate or harass another person because of that person's
actual or perceived race, color, religion, ancestry, or national origin.
(3) Any act prohibited by paragraph (e) of subsection (1) of this section
may be deemed to have occurred or to have been committed at the place at
which the telephone call, electronic mail, or other electronic
communication was either made or received.
(4)
(a) The general assembly hereby finds and declares that stalking is a
serious problem in this state and nationwide. Although stalking often
involves persons who have had an intimate relationship with one another, it
can also involve persons who have little or no past relationship. A stalker
will often maintain strong, unshakable, and irrational emotional feelings
for his or her victim, and may likewise believe that the victim either
returns these feelings of affection or will do so if the stalker is
persistent enough. Further, the stalker often maintains this belief,
despite a trivial or nonexistent basis for it and despite rejection, lack
of reciprocation, efforts to restrict or avoid the stalker, and other facts
that conflict with this belief. A stalker may also develop jealousy and
animosity for persons who are in relationships with the victim, including
family members, employers and co-workers, and friends, perceiving them as
obstacles or as threats to the stalker's own "relationship" with the
victim. Because stalking involves highly inappropriate intensity,
persistence, and possessiveness, it entails great unpredictability and
creates great stress and fear for the victim. Stalking involves severe
intrusions on the victim's personal privacy and autonomy, with an immediate
and long-lasting impact on quality of life as well as risks to security and
safety of the victim and persons close to the victim, even in the absence
of express threats of physical harm. The general assembly hereby recognizes
the seriousness posed by stalking and adopts the provisions of this
subsection (4) and subsections (5) and (6) of this section with the goal of
encouraging and authorizing effective intervention before stalking can
escalate into behavior that has even more serious consequences.
(b) A person commits stalking if directly, or indirectly through another
person, such person knowingly:
(I) Makes a credible threat to another person and, in connection with such
threat, repeatedly follows, approaches, contacts, or places under
surveillance that person, a member of that person's immediate family, or
someone with whom that person has or has had a continuing relationship; or
(II) Makes a credible threat to another person and, in connection with
such threat, repeatedly makes any form of communication with that person, a
member of that person's immediate family, or someone with whom that person
has or has had a continuing relationship, regardless of whether a
conversation ensues; or
(III) Repeatedly follows, approaches, contacts, places under surveillance,
or makes any form of communication with another person, a member of that
person's immediate family, or someone with whom that person has or has had
a continuing relationship in a manner that would cause a reasonable person
to suffer serious emotional distress and does cause that person, a member
of that person's immediate family, or someone with whom that person has or
has had a continuing relationship to suffer serious emotional distress. For
purposes of this subparagraph (III), a victim need not show that he or she
received professional treatment or counseling to show that he or she
suffered serious emotional distress.
(c) For the purposes of this subsection (4):
(I) Conduct "in connection with" a credible threat means acts which
further, advance, promote, or have a continuity of purpose, and may occur
before, during, or after the credible threat;
(II) "Credible threat" means a threat, physical action, or repeated
conduct that would cause a reasonable person to be in fear for the person's
safety or the safety of his or her immediate family or of someone with whom
the person has or has had a continuing relationship. Such threat need not
be directly expressed if the totality of the conduct would cause a
reasonable person such fear.
(III) "Immediate family" includes the person's spouse and the person's
parent, grandparent, sibling, or child; and
(IV) "Repeated" or "repeatedly" means on more than one occasion.
(5) Where a person commits stalking under paragraph (b) of subsection (4)
of this section, the following shall apply:
(a) A person commits a class 5 felony for a first offense.
(a.5) For a second or subsequent offense, if such offense occurs within
seven years of the date of a prior offense for which such person was
convicted, the offender commits a class 4 felony.
(a.7) Stalking is an extraordinary risk crime that is subject to the
modified presumptive sentencing range specified in section 18-1.3-401 (10).
(b) If, at the time of the offense, there was a temporary or permanent
protection order, injunction, or condition of bond, probation, or parole or
any other court order in effect against such person prohibiting the
behavior described in paragraph (b) of subsection (4) of this section, such
person commits a class 4 felony. In addition, when a violation under
subsection (4) of this section is committed in connection with a violation
of a court order, including but not limited to any protection order or any
order that sets forth the conditions of a bond, any sentence imposed for
such violation pursuant to this subsection (5) shall run consecutively and
not concurrently with any sentence imposed pursuant to section 18-6-803.5
and with any sentence imposed in a contempt proceeding for violation of the
court order. Nothing in this paragraph (b) shall be construed to alter or
diminish the inherent authority of the court to enforce its orders through
civil or criminal contempt proceedings; however, before a criminal contempt
proceeding is heard before the court, notice of the proceedings shall be
provided to the district attorney for the district of the court where the
proceedings are to be heard and the district attorney for the district of
the court where the alleged act of criminal contempt occurred. The district
attorney for either district shall be allowed to appear and argue for the
imposition of contempt sanctions.
(6) A peace officer shall have a duty to respond as soon as reasonably
possible to a report of stalking and to cooperate with the alleged victim
in investigating such report.
18-9-121. Bias-motivated crimes.
(1) The general assembly hereby finds and declares that it is the right of
every person, regardless of race, color, ancestry, religion, national
origin, physical or mental disability, or sexual orientation to be secure
and protected from fear, intimidation, harassment, and physical harm caused
by the activities of individuals and groups. The general assembly further
finds that the advocacy of unlawful acts against persons or groups because
of a person's or group's race, color, ancestry, religion, national origin,
physical or mental disability, or sexual orientation for the purpose of
inciting and provoking bodily injury or damage to property poses a threat
to public order and safety and should be subject to criminal sanctions.
(2) A person commits a bias-motivated crime if, with the intent to
intimidate or harass another person because of that person's actual or
perceived race, color, religion, ancestry, national origin, physical or
mental disability, or sexual orientation, he or she:
(a) Knowingly causes bodily injury to another person; or
(b) By words or conduct, knowingly places another person in fear of
imminent lawless action directed at that person or that person's property
and such words or conduct are likely to produce bodily injury to that
person or damage to that person's property; or
(c) Knowingly causes damage to or destruction of the property of another
person.
(3) Commission of a bias-motivated crime as described in paragraph (b) or
(c) of subsection (2) of this section is a class 1 misdemeanor. Commission
of a bias-motivated crime as described in paragraph (a) of subsection (2)
of this section is a class 5 felony; except that commission of a
bias-motivated crime as described in said paragraph (a) is a class 4 felony
if the offender is physically aided or abetted by one or more other persons
during the commission of the offense.
(3.5)
(a) In determining the sentence for a first-time offender convicted
of a bias-motivated crime, the court shall consider the following
alternatives, which shall be in addition to and not in lieu of any other
sentence received by the offender:
(I) Sentencing the offender to pay for and complete a period of useful
community service intended to benefit the public and enhance the offender's
understanding of the impact of the offense upon the victim;
(II) At the request of the victim, referring the case to a restorative
justice or other suitable alternative dispute resolution program
established in the judicial district pursuant to section 13-22-313, C.R.S.
(b) In considering whether to impose the alternatives described in
paragraph (a) of this subsection (3.5), the court shall consider the
criminal history of the offender, the impact of the offense on the victim,
the availability of the alternatives, and the nature of the offense.
Nothing in this section shall be construed to require the court to impose
the alternatives specified in paragraph (a) of this subsection (3.5).
(4) The criminal penalty provided in this section for commission of a
bias-motivated crime does not preclude the victim of such action from
seeking any other remedies otherwise available under law.
(5) For purposes of this section:
(a) "Physical or mental disability" refers to a disability as used in the
definition of the term "person with a disability" in section 18-6.5-102
(3).
(b) "Sexual orientation" means a person's actual or perceived orientation
toward heterosexuality, homosexuality, bisexuality, or transgender status.