Sunday, July 20, 2014

How to Protect Yourself From Electronic Obscene and Threatening Messages

Business owners should make themselves aware they can retaliate against abusive and threatening employees legally.

One day you might find yourself in a confrontation with a delusional and enraged employee, how do you handle he or she legally?

Just as there are laws to protect employees, employers have rights granted to them by law. Most often the common offense by an employee is harassment or threats.

As an employer, check with your State law codes to protect yourself, your family or other employees.
Do not attempt to rationalize with employees whose rage is expressed through electronic messages; i.e., text messages, emails or phone calls.

Threats and obscene messages are illegal in most States. These employees will attempt to belittle you with abusive language and threats. They will claim they are

smarter than you, claiming you are not what you appear to be, accuse you of wrongdoing and explain in detail how far more superior they are than you. They might go so far as to attempt to claim your children or spouse are or have been attracted to them.

Although at the moment you might find this humorous and wonder in disbelief what is going through their mind, do not take them lightly. They may or will begin to stalk you or even your family members. These types of employees can and may cause you physical harm, even make attempts on your life. They are far more dangerous than you may believe.

When a current or previous employee begins verbal threats or sends you obscene images or language through electronic communications, immediately contact your local law enforcement agency. Keep all electronic messages as proof, you will need it.

Once the abusive or threatening electronic communication begins, send the perpetrator the following message as a response, "Do not text, email or phone me again with electronic obscene messages or communications again."

If you must meet the perpetrator for any reason, suggest you meet at a police station, preferably indoors, for any exchanges with the enraged employee. Once the employee sends another electronic communication, you may then file Harassment charges against the perpetrator. A warrant will be issued by a judge and an arrest will be made. Do not take matters into your own hands, these types of individuals are not stable minded, nor rational. You may be saving the life of yourself, family member or other employees.

Remember, they are irrational, most often delusional or mentally unstable and will not adhere to reason. Their past experiences may include childhood abuse, mental instability, unmanageable anger issues, a history of criminal acts or psychological disorders. Keep yourself and others safe and protected, involve your local law enforcement agencies.

Mississippi Code § 97-29-45. Obscene electronic communications.

(1) It shall be unlawful for any person or persons:

(a) To make any comment, request, suggestion or proposal by means of telecommunication or electronic communication which is obscene, lewd or lascivious with intent to abuse, threaten or harass any party to a telephone conversation, telecommunication or electronic communication;

(b) To make a telecommunication or electronic communication with intent to terrify, intimidate or harass, and threaten to inflict injury or physical harm to any person or to his property;

(c) To make a telephone call, whether or not conversation ensues, without disclosing his identity and with intent to annoy, abuse, threaten or harass any person at the called number;

(d) To make or cause the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number;

(e) To make repeated telephone calls, during which conversation ensues, solely to harass any person at the called number; or

(f) Knowingly to permit a computer or a telephone of any type under his control to be used for any purpose prohibited by this section.
(2) Upon conviction of any person for the first offense of violating subsection (1) of this section, such person shall be fined not more than Five Hundred Dollars ($500.00) or imprisoned in the county jail for not more than six (6) months, or both.

(3) Upon conviction of any person for the second offense of violating subsection (1) of this section, the offenses being committed within a period of five (5) years, such person shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail for not more than one (1) year, or both.

(4) For any third or subsequent conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, such person shall be guilty of a felony and fined not more than Two Thousand Dollars ($2,000.00) and/or imprisoned in the State Penitentiary for not more than two (2) years, or both.
(5) The provisions of this section do not apply to a person or persons who make a telephone call that would be covered by the provisions of the federal Fair Debt Collection Practices Act, 15 USCS Section 1692 et seq.

(6) Any person violating this section may be prosecuted in the county where the telephone call, conversation or language originates in case such call, conversation or language originates in the State of Mississippi. In case the call, conversation or language originates outside of the State of Mississippi then such person shall be prosecuted in the county to which it is transmitted.

Read where text messages lead to a stabbing death

“Know anyone I can buy from?”

Connor McCowan, then 18, sent that text message to Andrew Singler, a Michigan State University senior who he considered like an older brother, a week before killing Singler with a pocket knife.

In the days before the Feb. 23 stabbing, McCowan and Singler texted back and forth like best friends. Most people, in fact, described their relationship that way.

The State Journal obtained the text messages — some of which the jury did not see — after McCowan’s October conviction for second-degree murder. He is serving 20 to 60 years in prison, but will appeal the conviction.

McCowan and Singler spoke for approximately six minutes. After that, McCowan saw an earlier text message he had received from Shay while he had been asleep.

“Andrew just broke one of my ribs,” it said.

That wasn’t true, although she was hurt. When asked at trial about her reason for sending that message, she said, “I don’t know what I was looking for.”

At 2:48 a.m., McCowan sent two texts to Shay: “Wtf!” and then, “You are walking aimlessly?”

Shay then explained where she was, texting that her “boss gave me a ride back to his place (because) I have a broken back, and Andrew called me awful names over and over so (I don’t know) what to do.”

As he had done many times in the past, McCowan offered to pick her up and drive her to their parents’ home or to her apartment.

“I’m good,” Shay texted.

“But your back (is) broken,” McCowan texted at 2:53 a.m. Read More Here

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