Announcement

Collapse
No announcement yet.

HB 1627 Threats and harassment of certain officials and property

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • HB 1627 Threats and harassment of certain officials and property

    Looks like the democrats in Virginia are also going after the 1st Amendment:

    Provides that certain crimes relating to threats and harassment may be prosecuted in the City of Richmond if the victim is the Governor, Governor-elect, Lieutenant Governor, Lieutenant Governor-elect, Attorney General, or Attorney General-elect, a member or employee of the General Assembly, a justice of the Supreme Court of Virginia, or a judge of the Court of Appeals of Virginia. In addition, threats to damage property may be prosecuted in the City of Richmond if the property is owned by the Commonwealth and located in the Capitol District.

    http://lis.virginia.gov/cgi-bin/legp...201+sum+HB1627
    "I don't discuss sitting presidents," Mattis tells NPR in an interview. "I believe that you owe a period of quiet."

  • #2
    If that were truly the case, then every Assault statute in every state should also be considered unconstitutional.
    ScenShare Guidelines:

    1) Enjoy creating it
    2) Enjoy playing it
    3) Enjoy sharing it
    4) Enjoy helping others create them

    The PlayersDB - The Harpoon Community's #1 Choice.

    FAQ http://www.harplonkhq.com/Harpoon/Fr...dQuestions.htm

    Comment


    • #3
      Originally posted by Nichols View Post
      Looks like the democrats in Virginia are also going after the 1st Amendment:

      Provides that certain crimes relating to threats and harassment may be prosecuted in the City of Richmond if the victim is the Governor, Governor-elect, Lieutenant Governor, Lieutenant Governor-elect, Attorney General, or Attorney General-elect, a member or employee of the General Assembly, a justice of the Supreme Court of Virginia, or a judge of the Court of Appeals of Virginia. In addition, threats to damage property may be prosecuted in the City of Richmond if the property is owned by the Commonwealth and located in the Capitol District.

      http://lis.virginia.gov/cgi-bin/legp...201+sum+HB1627
      Reading the full text, it appears to be an amendment to an existing statute. The existing statute does not show anything in particular that is unconstitutional or outside the scope of normal criminal statutes.

      What this amendment does is basically establish that threats against the executive, legislative, and judicial branches of the VA state government occurred in the jurisdiction of the City of Richmond. That's important, as in most cases, the location of where the crime actually took place is where the crime must be prosecuted/charged. So for instance a person in Seattle could threaten the Governor, but the VA State Police would have to get a Washington DA to move for a prosecution. With this change, threats of this nature could be investigated and prosecuted in Virginia, regardless of the location of the Suspect or where they might have used their device to send the threat.

      Now I'm not a particular fan of the 'harassment' part of the statute myself. I find that too amorphous and subjective. I would prefer that the language specify multiple instances and a fear created of death, harm, or continued harassment. As the statute stands, sending an email to Northam's public contact address telling him that he's a shyster and should resign could subjectively be considered harassment and someone be locked up and have to defend that....I think the defendant would win over a single or maybe 2 irritable but not incessant emails, but it would cost them money to defend it. However, this appears to already have been in the original statute as it's not italicized, and as I'm not a VA LEO, I don't have any knowledge of case law in VA reference that statute....it may be that the courts have already set that bar themselves as to what they reasonably consider to be 'harassment'.
      Tacitos, Satrap of Kyrene

      Comment

      Latest Topics

      Collapse

      Working...
      X