Discussion in 'General Discussion' started by ryan42, Oct 5, 2012.

  1. jack404

    jack404 Former Guest

    Jan 11, 2010
    Ryan for the prosecutors info ( incase he's not tech savvy )

    Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
    IC 35-45-2
    Chapter 2. Intimidation and Other Offenses Relating to Communications

    IC 35-45-2-0.1
    (Repealed by P.L.63-2012, SEC.58.)

    IC 35-45-2-1
    Sec. 1. (a) A person who communicates a threat to another person, with the intent:
    (1) that the other person engage in conduct against the other person's will;
    (2) that the other person be placed in fear of retaliation for a prior lawful act; or
    (3) of causing:
    (A) a dwelling, a building, or another structure; or
    (B) a vehicle;
    to be evacuated;
    commits intimidation, a Class A misdemeanor.
    (b) However, the offense is a:
    (1) Class D felony if:
    (A) the threat is to commit a forcible felony;
    (B) the person to whom the threat is communicated:
    (i) is a law enforcement officer;
    (ii) is a judge or bailiff of any court;
    (iii) is a witness (or the spouse or child of a witness) in any pending criminal proceeding against the person making the threat;
    (iv) is an employee of a school corporation;
    (v) is a community policing volunteer;
    (vi) is an employee of a court;
    (vii) is an employee of a probation department; or
    (viii) is an employee of a community corrections program.
    (C) the person has a prior unrelated conviction for an offense under this section concerning the same victim; or
    (D) the threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity; and
    (2) Class C felony if, while committing it, the person draws or uses a deadly weapon.
    (c) "Threat" means an expression, by words or action, of an intention to:
    (1) unlawfully injure the person threatened or another person, or damage property;
    (2) unlawfully subject a person to physical confinement or restraint;
    (3) commit a crime;
    (4) unlawfully withhold official action, or cause such
    (5) unlawfully withhold testimony or information with respect to another person's legal claim or defense, except for a reasonable claim for witness fees or expenses;
    (6) expose the person threatened to hatred, contempt, disgrace, or ridicule;
    (7) falsely harm the credit or business reputation of the person threatened; or
    (8) cause the evacuation of a dwelling, a building, another structure, or a vehicle.
    As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.71; Acts 1981, P.L.300, SEC.3; P.L.183-1984, SEC.6; P.L.325-1985, SEC.1; P.L.242-1993, SEC.3; P.L.164-1993, SEC.12; P.L.1-1994, SEC.169; P.L.241-2001, SEC.3; P.L.175-2003, SEC.3; P.L.3-2006, SEC.2.
    IC 35-45-2-2
    Harassment; "obscene message" defined
    Sec. 2. (a) A person who, with intent to harass, annoy, or alarm another person but with no intent of legitimate communication:
    (1) makes a telephone call, whether or not a conversation ensues;
    (2) communicates with a person by telegraph, mail, or other form of written communication;
    (3) transmits an obscene message, or indecent or profane words, on a Citizens Radio Service channel; or
    (4) uses a computer network (as defined in IC 35-43-2-3(a)) or other form of electronic communication to:
    (A) communicate with a person; or
    (B) transmit an obscene message or indecent or profane words to a person;
    commits harassment, a Class B misdemeanor.
    (b) A message is obscene if:
    (1) the average person, applying contemporary community standards, finds that the dominant theme of the message, taken as a whole, appeals to the prurient interest in sex;
    (2) the message refers to sexual conduct in a patently offensive way; and
    (3) the message, taken as a whole, lacks serious artistic, literary, political, or scientific value.
    As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.72; Acts 1977, P.L.343, SEC.1; Acts 1978, P.L.82, SEC.4; P.L.216-1996, SEC.22.

    IC 35-45-2-3
    Unlawful use of a communications medium; definitions
    Sec. 3. (a) A person who knowingly or intentionally:
    (1) refuses to yield a party line upon request by another person who states that he wishes to make an emergency call from a telephone on that party line;

    (2) refuses to yield a Citizens Radio Service channel upon request by another person who states that he wishes to make an emergency call on that channel; or
    (3) obtains the use of a party line or Citizens Radio Service channel by falsely stating that he wishes to make an emergency call;
    commits unlawful use of a communications medium, a Class B misdemeanor.
    (b) "Party line" means a common telephone line for two (2) or more subscribers.
    (c) "Emergency call" means a telephone call or radio message in which the caller or sender reasonably believes that a human being or property is in jeopardy and that prompt summoning of aid is essential.
    As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.73; Acts 1977, P.L.343, SEC.2.
    IC 35-45-2-4
    Unlawful disclosure
    Sec. 4. (a) This section does not apply to an employee who discloses information under IC 35-33.5.
    (b) An employee of a telegraph company who knowingly or intentionally discloses the contents of a message sent or received, to a person other than a sender or receiver or authorized agent of either, commits unlawful disclosure, a Class A infraction.
    (c) An employee of a telephone company who knowingly or intentionally discloses the contents of a conversation over a line of the company commits unlawful disclosure, a Class A infraction.
    As added by Acts 1977, P.L.26, SEC.23. Amended by P.L.161-1990, SEC.4.

    IC 35-45-2-5
    Interference with the reporting of a crime
    Sec. 5. A person who, with the intent to commit, conceal, or aid in the commission of a crime, knowingly or intentionally interferes with or prevents an individual from:
    (1) using a 911 emergency telephone system;
    (2) obtaining medical assistance; or
    (3) making a report to a law enforcement officer;
    commits interference with the reporting of a crime, a Class A misdemeanor.
    As added by P.L.71-2002, SEC.1.

    How do I File a Threat Charge in Indiana?

    The definition of a threat according to Indiana Code 35-45-2-1-C is the "expression, by words or action, of intention to: unlawfully injure, damage property or constrain an individual..." The intimidation code lays out eight specifics of what is considered a threat. There are, however, different levels of a threat charges. The offense can be considered a Class A misdemeanor, a Class C or Class D felony. The highest of these charges is a Class C felony and those convicted face a prison sentence.

    Filing Charges
    According to Indiana State Trooper Kathleen Zegaronski, in order to file charges a victim should contact local authorities in the jurisdiction where the threat occurred. Go to the police station or sheriff's office to fill out a complaint that lists the accused party by name and the nature of the threats that were made. Provide to authorities any evidence of the threat. The police will investigate the threat and charge the responsible party, if enough evidence exists. If there is an immediate danger, the victim should contact 911 for prompt police response.

    After Charges Are Filed
    After charges are filed, the accused will stand trial. If you were the victim, speak with the prosecutor regarding filing a protection order against the accused as another form of protection. If the protection order is granted, the accused will need to stay a specified amount of distance away from the victim at all times. Victims are able to obtain a copy of the forms online and can fill it out with the assistance of a court clerk.

    How do I File a Threat Charge in Indiana?
    Last edited: Oct 5, 2012
  2. cycloneman

    cycloneman Well-Known Member

    Dec 16, 2008
    Sorry to hear.

    You have to stop them from the drugs.

    Try aa try everything, head docs, whatever, but do it till something works.

    The other girls i cant say on a public forum. But what ever aggrivation they cause you, you need to cause them and their parents 10x as much.

    4 of your tires 40 of theirs. You dont have 40 tires well what will equal that. See you might not want to take my advise, it could get you in trouble. This 10x formula btw is brought to you by Isreal. It has worked for them for many years.

  3. aa1911

    aa1911 Well-Known Member

    Dec 12, 2010
    Pacific Northwest
    hell yes the online threats count for something! save all emails/texts and print out a hard copy for your records. They for certain will hold up in any court

    my best wishes to you, sorry to hear.

    I +1 the game camera, I use one on my property (or maybe more?), perfect security camera really. I went spendy and got the Reconyx 950 but there are plenty cheaper ones out there that are covert enough. 32mb SD card and run on rechargeable AA's, hard to beat. Date and time stamp (and temp, hahaa) on them too.
  4. cycloneman

    cycloneman Well-Known Member

    Dec 16, 2008
    Typicall hand a cop evidence and they drop it like a hot potato. You see this is not how they pick up criminals. Once a charge is filed aganist someone it is the routien traffic stop that cops depend on to pick up criminals.

    You dont actually expect someone to take time out from eating donuts and reasearch a computer to actually see the threat do you? Thats not how its done.
    Last edited: Oct 5, 2012
  5. cycloneman

    cycloneman Well-Known Member

    Dec 16, 2008
    Hay Ryan why dont you use one of these bad girls computers and send a death threat to OOOOOO idont know someone high up maybe real high up and see it they dont get any attention.
  6. cycloneman

    cycloneman Well-Known Member

    Dec 16, 2008
    Last edited: Oct 6, 2012
  7. CampingJosh

    CampingJosh Well-Known Member

    Sep 25, 2007
    now its all gone ;)

    rewrite this or stick in ya own content eh ??
    Last edited by a moderator: Oct 6, 2012
  8. carver

    carver Moderator Supporting Member

    I'm still praying for you, and yours, Ryan.
  9. cycloneman

    cycloneman Well-Known Member

    Dec 16, 2008
    Your right CJ. If you edit your post and delete it, the link will be gone for good and no one will see it. It is probably a good thing so no one will screw up and buy them with their own credit card and mail them to their house, or buy it with a money order they used their credit card on.

    I know people shouldnt listen to me i ride the short bus.

  10. Silencer

    Silencer Well-Known Member

    Report death threats via the internet to the FBI. Local cops wont do anything most of the time. Making death threats over the internet is a serious federal crime and not taken lightly. Your local cop is a lazy piece a crap. Some cops are. Try your luck with the FBI.
  11. Country101

    Country101 Well-Known Member

    Feb 28, 2004
    NW AR
    Sorry to hear about your troubles, Ryan. Lucky that the nurse was there for that conversation. Be sure to get the others for harrassment and whatever else you can. The game camera or a security camera(probably about the same price, but may have better options) wouldnt be a bad idea. Since she's 21, it might not be a bad idea for her to be packing as well.

    Best of luck to this situation.
  12. CampingJosh

    CampingJosh Well-Known Member

    Sep 25, 2007

    No worries. They're not illegal in a lot of places, but they definitely are here where Ryan and I live.

    Honestly, the website probably would not have let them be shipped here, but you always want to be sure.
  13. soundguy

    soundguy Well-Known Member

    May 8, 2012
    oh man.. hope this turns out ok.. good luck
  14. CCHolderinMaine

    CCHolderinMaine Well-Known Member

    Mar 21, 2012
    Steep Falls, Maine
    That's absolutely horrible. I have a teenage daughter, my heart goes out to you.
  15. cpttango30

    cpttango30 Guest

    If there is one thing that pisses me off more than a thief its people like this.

    I would be raising hell with the police. Every time they make a threat I would file a police report. Let them know that they vandalized your property.
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