Title XLVI - CRIMESMike made one call to a program that solicited calls, so there's no way to establish this as a "pattern" or to argue it occurred "repeatedly". The case for "substantial emotional distress" is based on a the test for a "reasonable man". I don't see it.
Chapter 784 - ASSAULT; BATTERY; CULPABLE NEGLIGENCE
784.048 Stalking; definitions; penalties.--
(1) As used in this section, the term:
(a) "Harass" means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.
(b) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct." Such constitutionally protected activity includes picketing or other organized protests.
(c) "Credible threat" means a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause bodily injury to, a person.
(d) "Cyberstalk" means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.
(2) Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Chapter 40 Of The Consolidated LawsI see a case for Mr. O'Reilly having the call made with the intent to "threaten" and "annoy" Mike. It's only a year in jail and/or a $1000 fine, but if Mike wanted to go to New York and file charges the Penal Law says he has a case. I'd probably just file a complaint to the telephone company that Westwood One uses.
Part Three--Specific Offenses
Title N--Offenses Against Public Order, Public Sensibilities And The Right To Privacy
Article 240--Offenses Against Public Order
Section 240.30 Aggravated harassment in the second degree.
A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she:
1. Either (a) communicates with a person, anonymously or otherwise by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm; or (b) causes a communication to be initiated by mechanical or electronic means or otherwise, with a person, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm.
Aggravated harassment in the second degree is a class A misdemeanor.
bryan at dumka dot com
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