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In this article attorney Stephen Cale talks about stalking and crimes against children. In order to find a person guilty of stalking, a judge or jury must find that the state is proven beyond a reasonable doubt the following elements: first that the defendant willfully, maliciously, repeatedly, followed or harassed another person. Secondly following her harassment was done in a manner that would cause a reasonable person or member that person’s immediate family to feel either frightened, intimidated, threaten, harass, molesters, and actually did cause that person being followed or harassed to feel terrorized, frightened, today, threaten, harass, or molest. The Oakland Court of Criminal Appeals has decided that the statute which prohibits stalking is not unconstitutionally vague.
Stalking statutes contain several definitions. Under the law, emotional distress means significant mental suffering or distress that may but does not necessarily require medical or other professional treatment or counseling. The word harass is defined as a pattern or course of conduct directed at a person that would cause a reasonable person to suffer emotional distress and that actually does cause emotional distress to the victim. The phrase member of the immediate family means any spouse, parent, child, brother, sister, grandparent, grandchild, uncle, aunt, niece, nephew, cousin, a person who regularly resides in the household and person who readily resided in the household within the prior six months.
Malicious intimidation or harassment is a whole other crime. No one can be convicted of malicious intimidation or harassment unless the state proves beyond a reasonable doubt that the person maliciously assaulted, or battered, another person, damaged, destroyed, vandalized, defaced in the real or personal property of another person, thrown into assault about another person if there was a risible cause to believe the assault and battery would occur, or threaten to damage, destroy, vandalize, or deface any real purpose personal property with the specific intent to harass of the person because of a person’s race, color, religion, ancestry, national origin, or disability. The United States Supreme Court has held that the First Amendment limits the states power to prohibit speech on the basis of its content. The statute examined in that case prohibited burning crosses that arouse anger and others on the basis of race, color, creed, religion or gender. It was held to be unconstitutional on its face.
No one can be convicted of making obscene, threatening, or harassing electronic medications list the status proven beyond a reasonable doubt that the person willfully by means of an electronic communication device made a comment, requests, suggestions, or proposal was which is obscene as to merely and Jean Teal or vulgar. An electronic communication includes any type of telephone, electric, or radio communication. It also includes the Internet, email, instant messaging, fax, or communication to a paper.
Citing imminent violence occurs when a person maliciously makes or transmits a telephone or electronic message which is likely to incite our produce imminent violence with the specific intent to incite or produce imminent violence against another person because that person’s race, color, religion, ancestry, national origin, or disability.
A person can commit child abuse in a couple of ways. First, it can occur when a person willfully or maliciously harms or threatens to harm the health, safety, or welfare of the child under the age of 18. It can also occur when a person responsible for child’s health, safety, or welfare willfully or maliciously fails to protect from harm or threatened harm to the health, safety, or welfare of a child under the age of 18. This crime is different than that of the crime of child abuse that involves injuring, torturing, or maiming of the child. Statute prohibiting child abuse requires proof of the mental state of maliciousness or willfulness. Generally speaking, however, intentional infliction of severe injuries on child will be sufficient to establish a prima facie case.
The law does allow for spanking, said Tulsa criminal defense attorney Stephen Cale. Under the law it is not child abuse for parent, teacher, or personal use reasonable and ordinary forced to discipline the child. This includes, but is not limited to spanking, switching, or paddling so long as the force is reasonable in manner and moderate in degree.
In some cases the use of prayer for the treatment of a child is an affirmative defense against child the bullet abuse or neglect. The state has the burden of proof beyond original doubt that the defendant did not get faith select and depend upon spiritual means alone through prayer, and according to the tenets of practice of a recognize church or religious denomination, for the treatment or cure of the disease. If a jury finds that the state has failed to meet that burden then the defendant cannot be found guilty of child abuse.
There is also the crime of the mission to provide for child. No one can be convicted of a mission to provide for child unless the state proves beyond original doubt that a parent, guardian, or person having custody or control the child under the age of 18 willfully and without lawful excuse committed to furnish necessary food, clothing, shelter, monetary child support, medical attention, or court ordered take care for that child. Per this statute child is defined as any unmarried person under 18 years old.
Neglect of child can occur in three instances. In all instances, it involves a person who is responsible for the child’s health, safety, or welfare, involves willfully or maliciously failing to provide for adequate necessities for a child under 18 years old. It can also involve failing to protect the child younger than 18 from exposure to the use, possession, sale, or manufacturer of illegal drugs, illegal activities, sexual acts, or materials that are not age-appropriate. Lastly it may involve abandoning a child younger than 18 years old.
If you’ve been charged with a crime against a child, including child abuse, child neglect, or enabling child abuse, call Tulsa criminal defense attorney Stephen Cale at 918-277-4800