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Federal

Last updated: September 4, 2011

US Code 18 Section 2261A:

Whoever--

(1) travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury to, or causes substantial emotional distress to that person, a member of the immediate family (as defined in section 115) of that person, or the spouse or intimate partner of that person; or

(2) with the intent--

    (A) to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate, or cause substantial emotional distress to a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or

    (B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the death of, or serious bodily injury to--

      (i) that person;
      (ii) a member of the immediate family (as defined in section 115 [1] of that person; or
      (iii) a spouse or intimate partner of that person;


    uses the mail, any interactive computer service, or any facility of interstate or foreign commerce to engage in a course of conduct that causes substantial emotional distress to that person or places that person in reasonable fear of the death of, or serious bodily injury to, any of the persons described in clauses (i) through (iii) of subparagraph (B); [2] shall be punished as provided in section 2261 (b) of this title.

Section 2261 (B):

(b) Penalties.-- A person who violates this section or section 2261A shall be fined under this title, imprisoned--

    (1) for life or any term of years, if death of the victim results;

    (2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the victim results;

    (3) for not more than 10 years, if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense;

    (4) as provided for the applicable conduct under chapter 109A if the offense would constitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and

    (5) for not more than 5 years, in any other case,or both fined and imprisoned.

    (6) Whoever commits the crime of stalking in violation of a temporary or permanent civil or criminal injunction, restraining order, no-contact order, or other order described in section 2266 of title 18, United States Code, shall be punished by imprisonment for not less than 1 year.

UNITED STATES FEDERAL LAWS

    Your client continues to violate United States Federal Law H.R. 3402:

    (1) Under the Federal Crime, we are preparing to seek Federal legal action and this immediate relief: (a) Cyber harassment, Cyber stalking, etc. in violation of the Women’s Violence Act, Department of Justice Reauthorization Act of 2005, H.R. 3402, titled "Preventing Cyber stalking" and numbered as § 113, §113(a)(3) provides that Section 223(a)(1)(C) applies to "any device or software that can be used to originate telecommunications or other types of communications that are transmitted, in whole or in part, by the Internet; Cyber-stalking and Cyber-harassment laws in violation of the Communications Act, 47 U.S.C. § 223(a)(1)(C) and § 223(h)(1)(B). (b) H.R. 3402 INCLUDES CYBER: Slander, Libel and Harassment.

    FIRST
    Under Sec. 113. FEDERAL "Preventing Cyberstalking": To strengthen stalking prosecution tools, this section amends the Communications Act of 1934 (47 U.S.C 223)(h)(1) to expand the definition of a telecommunications device to include any device or software that uses the Internet and possible Internet technologies such as voice over internet services. This amendment will allow federal prosecutors more discretion in charging stalking cases that occur entirely over the internet.

    SECOND:
    The Communications FEDERAL Act, at 47 U.S.C Section 223(a)(1)(C) has prohibited the making of telephone calls of the utilization of telecommunication devices "without disclosing (one’s) IDENTITY to annoy, abuse, threaten, or harass any person at the called number or who receives the communications."
    The FEDERAL Communication Act provides for fines and imprisonment of up to (2) two years for violations.