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Gregg's Laws

Discussion in 'Leaks & Legal' started by aluminumcanoe, Mar 27, 2008.

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  1. aluminumcanoe Member

    Gregg's Laws

    M.G.L.A. 265 § 43

    Massachusetts General Laws Annotated Currentness
    Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)
    Title I. Crimes and Punishments (Ch. 263-274)
    + Chapter 265. Crimes Against The Person (Refs & Annos)
    >>§ 43. Stalking; punishment


    (a) Whoever (1) willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress, and (2) makes a threat with the intent to place the person in imminent fear of death or bodily injury, shall be guilty of the crime of stalking and shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than one thousand dollars, or imprisonment in the house of correction for not more than two and one-half years or both. Such conduct, acts or threats described in this paragraph shall include, but not be limited to, conduct, acts or threats conducted by mail or by use of a telephonic or telecommunication device including, but not limited to, electronic mail, internet communications and facsimile communications.


    (b) Whoever commits the crime of stalking in violation of a temporary or permanent vacate, restraining, or no-contact order or judgment issued pursuant to sections eighteen, thirty-four B, or thirty-four C of chapter two hundred and eight; or section thirty-two of chapter two hundred and nine; or sections three, four, or five of chapter two hundred and nine A; or sections fifteen or twenty of chapter two hundred and nine C or a protection order issued by another jurisdiction; or a temporary restraining order or preliminary or permanent injunction issued by the superior court, shall be punished by imprisonment in a jail or the state prison for not less than one year and not more than five years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of one year.


    A prosecution commenced hereunder shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any provision of this subsection shall not be reduced to less than the mandatory minimum term of imprisonment as established herein, nor shall said sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory term of imprisonment.


    A person convicted of violating any provision of this subsection shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct under sections one hundred and twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine shall not apply to any person convicted of violating any provision of this subsection.


    (c) Whoever, after having been convicted of the crime of stalking, commits a second or subsequent such crime shall be punished by imprisonment in a jail or the state prison for not less than two years and not more than ten years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of two years.


    A prosecution commenced hereunder shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any provision of this subsection shall not be reduced to less than the mandatory minimum term of imprisonment as established herein, nor shall said sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory term of imprisonment.


    A person convicted of violating any provision of this subsection shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct under sections one hundred and twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine shall not apply to any person convicted of violating any provision of this section.

    M.G.L.A. 266 § 120

    Massachusetts General Laws Annotated Currentness
    Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280)
    Title I. Crimes and Punishments (Ch. 263-274)
    + Chapter 266. Crimes Against Property (Refs & Annos)
    >>§ 120. Entry upon private property after being forbidden as trespass; prima facie evidence; penalties; arrest; tenants or occupants excepted


    Whoever, without right enters or remains in or upon the dwelling house, buildings, boats or improved or enclosed land, wharf, or pier of another, or enters or remains in a school bus, as defined in section 1 of chapter 90, after having been forbidden so to do by the person who has lawful control of said premises, whether directly or by notice posted thereon, or in violation of a court order pursuant to section thirty-four B of chapter two hundred and eight or section three or four of chapter two hundred and nine A, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days or both such fine and imprisonment. Proof that a court has given notice of such a court order to the alleged offender shall be prima facie evidence that the notice requirement of this section has been met. A person who is found committing such trespass may be arrested by a sheriff, deputy sheriff, constable or police officer and kept in custody in a convenient place, not more than twenty-four hours, Sunday excepted, until a complaint can be made against him for the offence, and he be taken upon a warrant issued upon such complaint.


    This section shall not apply to tenants or occupants of residential premises who, having rightfully entered said premises at the commencement of the tenancy or occupancy, remain therein after such tenancy or occupancy has been or is alleged to have been terminated. The owner or landlord of said premises may recover possession thereof only through appropriate civil proceedings.
  2. OneLetter Member

    Re: Gregg's Laws

    Yeah, scilons sooooo have this coming to them. if they pull the "oh, the protets caused distress" they'll get it big from the ACLU.
  3. Re: Gregg's Laws

    265:43 is "stalking" http://www.mass.gov/legis/laws/mgl/265-43.htm

    in the other thread he said it was difficult handwriting but looked like "43 harassment" (which does not exist) so I think his was

    265:43a "harassment" http://www.mass.gov/legis/laws/mgl/265-43a.htm

    266:120 trespass http://www.mass.gov/legis/laws/mgl/266-120.htm

    I am not a lawyer, and this is not legal advice.
    It is the things I would think about & write down if I had these charges (so as to save my attorney some time especially on a low budget. Myself being an idiot might even represent myself - usually a bad idea)

    lets look at all three
    265-43 stalking: ... a reasonable person .. would suffer emotional distress...
    doubt pointing out that scientologists are unreasonable is an adequate defense, not all by itself, but it is worth mentioning makes a threat applying for a permit is a threat how? with the intent.. place in imminent fear placing CoS in fear is not anon's intent
    The rest of it says the threat could be electronic,fax,etc and min/max penalties; more penalties if there is a TRO, 2nd offense etc

    265-43a harassment: series of acts over a period of time directed at a specific person is CoS a specific person? ..and ...would cause... reasonable person ... emotional distress CoS is not reasonable; people have emotions, eebil cults do not no emotions; no distress

    266-120 trespass: ...enters or remains in..[long list of private property] after having been forbidden ... they have to convince the court that you didn't leave (or came back) after they told you to leave; you have to convince the court that either you never stepped foot on their property or that you left promptly when asked

    again, I am not a lawyer. If I/we/us paypal you a small donation do you need us to tag it a certain way so you know it is for legal aid and not for hookers and/or cake?
  4. Anon453453 Member

    Re: Gregg's Laws

    Again, not a lawyer here, so correct me if I'm wrong.

    But the Church of Scientology would have to prove any crimes committed by this individual.

    Anonymous has never claimed to be an organised group, quite the opposite, it claims to be individuals. They cannot point to other videos made by Anonymous and claim that this individual is in any way connected to them without evidence to the contrary.

    An individual calling himself Anonymous made death threats, this individual calls himself Anonymous, therefore he made death threats?

    In other words, claims of stalking, trespass and/or harrassment have to be proven against this individual, and the actions of other individuals who call themselves Anonymous should not factor into it.
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