Harassment Ruling On Facebook Post Is Upheld by Court

Posting a sexually insulting comment on the Facebook social media network constitutes the crime of harassment, the Pennsylvania Superior Court has ruled in upholding a teenage woman's criminal conviction.

Judge Christine L. Donohue, writing for the unanimous panel of Judge John T. Bender and Senior Judge Eugene B. Strassburger III last week, said that defendant Lindsey Marie Cox committed the crime of harassment when she posted a comment on her Facebook page that the victim "has herpes. Ew, that's gross. She should stop spreading her legs like her mother."

Several of Cox's Facebook friends liked her post, according to the opinion.

Cox was 18 at the time, and the teenager who Cox made the comment about was 15 at the time and had just started her first day of 10th grade, according to the opinion.

A person commits the crime of harassment if, with the intent to harass, annoy, or alarm, they communicate "'to or about such other person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures,'" according to the opinion.

"Contrary to Cox's view and in light of the totality of the evidence, her misuse of the Internet and social media was criminal," Donohue said. "The evidence of record establishes that Cox posted a statement indicating that victim suffered from a sexually transmitted disease on an online forum, and that this statement was viewed by multiple people.

"We conclude that this is sufficient to support a finding that Cox communicated lewd sentiments about victim to other people, and an inference that in doing so it was her intent to harass, annoy or alarm victim."

Elizabeth Judd of the Lebanon County Public Defender's Office said that her office would appeal the decision.

While Judd said she doesn't condone her client's behavior, she said that posting was only up for an hour and that she does not believe that her client's action rises to the level of the crime of harassment.

The criminal charge was "overboard in this particular case," Judd said.

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Source: http://www.dailybusinessreview.com/PubArticleDBR.jsp?id=1202614262964&rss=rss_dbr

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