06-25-2008, 06:22 AM
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Senior Member
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Join Date: Nov 2006
Posts: 1,432
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Quote:
Originally Posted by richw40
Recently a friend of mine was arrested for communications harrassment via CB radio. Supposedly he was mouthing off to a couple of people who were also on the same channel that he was. They contended that they knew for a fact it was him, and that he was using abusive, foul and indesent language to them on the radio. They proceeded to file charges, had a warrent sworn out, and the police picked him up.
I have been on the CB radio for 30 + yrs and never ever heard of anyone being arrested for this childish behavior. Furthermore, without a witness actually seeing him do it, like microphone to mouth, or an FCC probe sent out, how can this be proved? There are so many people that use the CB radio in the same manner at any given time.
He was arrested 3 times, by two different counties, by the same complaintant. The first court date ended in a dismissed case for lack of evidence, the second is going to jury trial. I guess this county prosicutor has a light load on his pallet.
Nevertheless, this friend is being setup by the compaintants in my opinion.
Does anyone know, or ever heard of this kind of trial? I searched the net for 2 months and found nothing at all.
Any insight is appreciated !  |
Childish behavior isn't the same as harassment. I suspect CB radios can fall under the same usage as Internet Law, which loosely falls under the Communications Decency Act. You'd be surprised how many people I've come across online who do things like ( for example) take a photo from a web site loving parents created about their handicapped son at birth, struggling for his life, and use the photo on their own page saying it was their own "sweet bebe" who died at birth. How horrific is that?? Or, pictures of other peoples houses, property, and belongings and say it belongs to them. This is criminal. I've also seen ( the same person) people perpetuate fraud, as well as harass other people online and think it is ok since it isn't "real". At one point, I had OVER 90 web pages devoted to me alone by a crazed woman who legally changed her name to mine, and who insists everyone call her MY name, whose "friends" even now, have currently over 300 photos and captions all directed at me for (are ya ready for this??) MY PINK FONT I customarily used----hard to believe, eh?----someone they have never met. Seems like an incredible waste of time and---well, talk about childish? the point is, there ARE laws governing usage of the Internet and other public mediums. I haven't looked up the law regarding CB usage but I suspect it falls under the CDA.
You cannot harass, stalk, threaten, etc. people via ANY medium---whether phone, internet, CB radio, or any such venue. It IS a crime, not just childish behavior. However, I am not certain as to how it can be prosecuted in several different counties, unless, of course, the offense occurred in several different counties. But if it only happened once in one location, he can only be prosecuted once--cannot be tried again for the same crime.
To you, harassment might be a joke or game, but to those who live it daily, it is nothing of the sort.
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