AVAILABLE 24/7
212-213-8511

May 10, 2017

Pardalis & Nohavicka Criminal Law Update: When Words Cross the Line Into Crime

PARDALIS & NOHAVICKA CRIMINAL LAW UPDATE:
When Words Cross the Line Into Crime (TAKE THE CRIMINAL LAW QUIZ)

The First Amendment to the United States Constitution protects the freedom of speech; however, that protection is not unlimited. In NY it is a crime to say or write words to another that would cause them to fear harm.

In a recent case, a person was arrested in Brooklyn for writing a text message: “You ain't low and watch when I find you, come outside, leave the kid.” The court ruled that the text message was protected as free speech by the First Amendment and was not a true threat to cause physical harm to the complainant or to harm a member of her family. The case was dismissed.

YOU BE THE JUDGE – TAKE THIS QUIZ: DO THE WORDS CROSS THE LINE INTO CRIME?

Easy Warm-up: "I'm gonna kill you, I'm gonna hurt, I'm sorry and I love, you're a ho, a b**ch, a slut, if you ever let my baby see another man I'm gonna hurt you and no one will stop me from killing you."

Cross the line? Answer: YES -- People v Mitchell, 24 Misc 3d 1249[A], 2009 NY Slip Op 51931[U], at *1 (Sup Ct, Bronx County 2009)

Here You Go: (Answers below -- NO CHEATING!)

1."If you cared about your daughter's well-being, about your daughter's safety, you will drop the charges."

2. "Don't let me use my boxing on you."

3. "Who are the women…If I see you with another woman I'll f**k you up."

4. "If you try to keep my son away from me I'm going to put a bullet in your head."

5. "I can have you handled," "Go kill yourself b**ch" and "You're not worth the air to take the jump b**ch."

6. “I'll get you”

7. “I am going to hurt you and make you pay for what you did to me.”

Answers:

1. YES -- People v Wilson

2. NO -- People v Tackie

3. YES -- People v Olivio

4. YES -- People v Tiffany

5. YES -- People v Orr

6. NO -- People v. Yablov

7. NO -- People v Grammatico

Hope you did okay on the test.

Here is the main decision in the People v. De Pasquale case:

http://www.courts.state.ny.us/reporter/3dseries/2017/2017_50586.htm

Connect with us

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. 
The viewing of this website does not constitute an attorney-client relationship. Attorney Advertising: Prior results DO NOT guarantee similar results.

Copyright © 2021 Pardalis & Nohavicka LLP. All Rights Reserved. Website Designed & Developed by ECONSTRUO
magnifier linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram