Posts Tagged ‘stalking’

Utah Man Accused of Stalking LDS Church President

Utah Criminal Defense Blog, on the topic of  Utah Law
0comment

Benjamin Staples of Salt Lake City doesn’t know when to leave well-enough alone, and his persistence finds him in jail once again. Staples has been arrested multiple times after entering the Church of Jesus Christ of Latter-day Saints office building and requesting to see President Thomas S. Monson. Each time Staples has been arrested and told not to return, but he apparently insists that he’ll keep coming back until he gets to talk to President Monson. After Staples’ most recent visit, he was charged with stalking, a class A misdemeanor.

According to the Utah Code, a person is guilty of stalking who intentionally or knowingly engages in a course of conduct directed at a specific person and knows or should know that the course of conduct would cause a reasonable person:

  • to fear for the person’s own safety or the safety of a third person; or
  • to suffer other emotional distress.

Also, a person is guilty of stalking who intentionally or knowingly violates:

  • a stalking injunction; or
  • a permanent criminal stalking injunction.

A person arrested for stalking cannot use the following as a defense:

  • say they were not given actual notice that the way they were behaving was unwanted; or
  • say that they did not intend to cause fear or emotional distress. 

Stalking is a class A misdemeanor, which may find you in jail for up to one year. The charges for stalking can increase to felony offenses if the stalking occurs more than once or involves a dangerous weapon or other means or force.

Call a Utah criminal defense attorney for assistance if you have been accused of stalking or any other criminal offense. Let an attorney explain your options and give you the help you need.

Inviting Crime with your Internet Information

Clayton Simms, Criminal Defense Attorney, on the topic of  Crimes
0comment
photo: Gauldo / Francois Bouly

photo: Gauldo / Francois Bouly

Having an online life can be quite dangerous as an increasing plethora of personal information is posted online, available to anyone with internet access.  A new website www.pleaserobme.com has sprung up to raise awareness on how dangerous the use of personal information online can be.  The website aims to make people more conscious of their online decisions, especially on social-media websites.

Many people share very detailed personal information online. This act is encouraged by the popularity of social media. Websites such as facebook, twitter and foursquare encourage the sharing of personal information.  Personal information is often given in status updates, acceptance to event invites, displaying one’s class/work schedule, and personal addresses on one’s profile.  Other information such as pictures and notes can give information about new expensive belongings. Such information is moderately safe when only released to friends and family, but often people do not protect who can see their data and add friends that they do not know. It is important to keep in mind that once you release personal information on the internet it very hard, if even possible to take it back, and it is not a crime for someone else to be in possession of such information/data.  Someone could easily know when a keen and avid twitter user is not at their residence and when they have purchased a new car, leaving them vulnerable to theft.  Identity theft is also a viable occurrence when a stranger can obtain such personal information about you.

Technology advances faster than the law.  The Utah State legislature has not yet adequately dealt with these privacy issues. This is especially important as new and evolving systems are increasing and within the next decade they will continue to and have large amounts of personal information stored of digital records of people’s movements through public space.  Especially locational information. Information is becoming easier to have and store in ways outside personal internet use, through such things as public transit passes, electronic tolling devices, cell phones, searches near current location on mobile devices, free wifi and electronic swipe cards for access doors