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Mary Prantil SPAMMING site Google Profile Mary Prantil Criminal Charges New York twitter.com/BestMaryPrantil
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Mary T. Prantil AKA Mary Prantil AKA Mary Theresa Prantil Is A Cyber Criminal Who Can't Prove Anything She Says Because She's A Stalker, Habitual Liar, Theif, Extortionist, Con Artist and Over All Piece Of Human Trash Who Believes She's Above The Law.
Mary T. Prantil's Criminal & Civil Violations Against Us and others.
18 U.S.C. 875(c), Section 875(c)
(d) Whoever, with intent to extort from any person, firm, association, or corporation, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to injure the property or reputation of the addressee or of another or any threat to accuse the addressee or any other person of a crime, shall be fined under this title or imprisoned not more than two years, or both.
PENAL LAW PART FOUR. ADMINISTRATIVE PROVISIONS TITLE Y. HATE CRIMES ACT OF 2000
§ 485.05. Hate crimes
1. A person commits a hate crime when he or she commits a specified offense and either:
(a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or
(b) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.
The Supreme Court has rendered several decisions on invasion of the right of privacy involving this Section and � 652E. The case of Cox Broadcasting Co. v. Cohn (1975) 420 U.S. 469, holds that under the First Amendment there can be no recovery for disclosure of and publicity to facts that are a matter of public record. The case leaves open the question of whether liability can constitutionally be imposed for other private facts that would be highly offensive to a reasonable person and that are not of legitimate concern. Pending further elucidation by the Supreme Court, this Section has been drafted in accordance with the current state of the common law of privacy and the constitutional restrictions on that law that have been recognized as applying.
One who appropriates to his own use or benefit the name or likeness of another is subject to liability to the other for invasion of his privacy. Comments: a. The interest protected by the rule stated in this Section is the interest of the individual in the exclusive use of his own identity, in so far as it is represented by his name or likeness, and in so far as the use may be of benefit to him or to others.
Although the protection of his personal feelings against mental distress is an important factor leading to a recognition of the rule,the right created by it is in the nature of a property right, for the exercise of which an exclusive license may be given to a third person, which will entitle the licensee to maintain an action to protect it.
b. How invaded. The common form of invasion of privacy under the rule here stated is the appropriation and use of the plaintiff's name or likeness to advertise the defendant's business or product, or for some similar commercial purpose. Apart from statute, however, the rule stated is not limited to commercial appropriation.
It applies also when the defendant makes use of the plaintiff's name or likeness for his own purposes and benefit, even though the use is not a commercial one, and even though the benefit sought to be obtained is not a pecuniary one. Statutes in some states have, however, limited the liability to commercial uses of the name or likeness.
One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that (a) would be highly offensive to a reasonable person, and (b) is not of legitimate concern to the public.
Special Note on Relation of � 652D to the First Amendment to the Constitution. This Section provides for tort liability involving a judgment for damages for publicity given to true statements of fact. It has not been established with certainty that liability of this nature is consistent with the free-speech and free-press provisions of the First Amendment to the Constitution, as applied to state law through the Fourteenth Amendment.
Since 1964, with the decision of New York Times Co. v. Sullivan, 376 U.S. 254, the Supreme Court has held that the First Amendment has placed a number of substantial restrictions on tort actions involving false and defamatory publications. These restrictions are treated in Division Five of this Restatement. See especially �� 580A, 580B and 621.
The Supreme Court has rendered several decisions on invasion of the right of privacy involving this Section and � 652E. The case of Cox Broadcasting Co. v. Cohn (1975) 420 U.S. 469, holds that under the First Amendment there can be no recovery for disclosure of and publicity to facts that are a matter of public record. The case leaves open the question of whether liability can constitutionally be imposed for other private facts that would be highly offensive to a reasonable person and that are not of legitimate concern.
Pending further elucidation by the Supreme Court, this Section has been drafted in accordance with the current state of the common law of privacy and the constitutional restrictions on that law that have been recognized as applying. continual and prolonged verbal
18 USC Sec. 2261A 02/01/2010 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING -HEAD- Sec. 2261A. Stalking -STATUTE-
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 acility 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.
18 USC Sec. 249 02/01/2010 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 13 - CIVIL RIGHTS -HEAD- Sec. 249. Hate crime acts -STATUTE-
"(A) The movement of members of targeted groups is impeded, and members of such groups are forced to move across State lines to escape the incidence or risk of such violence.
47 USC Sec. 227 01/05/2009 -EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 5 - WIRE OR RADIO COMMUNICATION SUBCHAPTER II - COMMON CARRIERS Part I - Common Carrier Regulation -HEAD- Sec. 227. Restrictions on use of telephone equipment-STATUTE- (2)(E)
B) to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party, unless
the call is initiated for emergency purposes or is exempted by rule or order by the Commission under paragraph (2)(B); (C) to use any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited advertisement, unless -
(i) the unsolicited advertisement is from a sender with an established business relationship with the recipient; (ii) the sender obtained the number of the telephone facsimile machine through - (I) the voluntary communication of such number, within the context of such established business relationship, from the recipient of the unsolicited advertisement, or (II) a directory, advertisement, or site on the Internet to which the recipient voluntarily agreed to make available its facsimile number for public distribution,except that this clause shall not apply in the case of
an unsolicited advertisement that is sent based on an established business relationship with the recipient that was in existence before July 9, 2005, if the sender possessed the facsimile machine number of the recipient before July 9, (iii) the unsolicited advertisement contains a notice meeting the requirements under paragraph (2)(D), except that the exception under clauses (i) and (ii) shall not apply with respect to an unsolicited advertisement sent to a telephone facsimile machine by a sender to whom a request has been made not to send future unsolicited advertisements to such telephone facsimile machine that complies with the requirements
under paragraph (2)(E); or (B) may, by rule or order, exempt from the requirements of paragraph (1)(B) of this subsection, subject to such conditions as the Commission may prescribe - (i) calls that are not made for a commercial purpose; and (ii) such classes or categories of calls made for commercial purposes as the Commission determines - (I) will not adversely affect the privacy rights that this section is intended to protect; and (II) do not include the transmission of any unsolicited advertisement;
(C) may, by rule or order, exempt from the requirements of paragraph (1)(A)(iii) of this subsection calls to a telephone number assigned to a cellular telephone service that are not charged to the called party, subject to such conditions as the Commission may prescribe as necessary in the interest of the privacy rights this section is intended to protect;(D) shall provide that a notice contained in an unsolicited advertisement complies with the requirements under this ======================================================================================
18, 18 U.S.C. 1030(c)(2)(A);
violations for gain or involving more than $5000: not more than 5 years and/or a fine under title 18; repeat offenders: not more than 10 years and/or a fine under title 18, 18 U.S.C. 1030(c). Offenders are also subject to civil liability, 18 U.S.C. 1030(g).
Paragraph 1030(a)(2) is somewhat unique. There are a host of other federal conversion statutes, but all of the others appear to require that the offender either commit embezzlement by failing to comply with some fiduciary obligation or commit larceny by intending to acquire the property or to deprive another of it. Paragraph 1030(a)(2) in contrast to the conversation statutes and to the computer fraud provisions of paragraph 1030(a)(4) requires no larcenous intent.
There are a host of other federal conversion statutes, but all of the others appear to require that the offender either commit embezzlement by failing to comply with some fiduciary obligation or commit larceny by intending to acquire the property or to deprive another of it. Paragraph 1030(a)(2) in contrast to the conversation statutes and to the computer fraud provisions of paragraph 1030(a)(4) requires no larcenous intent.
There are five types of protected computers or computer systems. The five include computers (1) used exclusively for or by the United States Government; (2) used exclusively for or by a bank or other financial institution; (3) used in part for or by the United States Government where the damage "affects" government use or use of the government's behalf; (4) used in part for or by a bank or other financial institution where the damage "affects" use by or on behalf of the institution; and (5) used in interstate or foreign commerce or communications.
Penalties: Causing damage: not more than 1 year and/or a fine under title 18; intentionally or recklessly causing damage: not more than 5 years and/or a fine under title 18; repeat offenders: not more than 10 years and/or a fine under title 18. Victims have a cause of action for compensatory damages and equitable relief if suit is brought within 2 years, 18 U.S.C. 1030(g).
Paragraph 1030(a)(4) outlaws fraud by computer intrusion. Its elements consist of: • knowingly and with intent to defraud; • accessing a protected computer without authorization, or exceeding authorization; • thereby furthering a fraud and obtaining anything of value other than a minimal amount of computer time (more than $5,000 over the course of a year). Penalties: not more than 5 years (not more than 10 years for subsequent offenses) and/or a fine under title 18, 18 U.S.C. 1030(c)(4). Victims may sue for compensatory damages and/or injunctive relief, 18 U.S.C. 1030(g).
Other Crimes: Earlier observations with respect to attempt, conspiracy and complicity apply with equal force here. Other federal laws that might be implicated are: 18 U.S.C. 1343 (wire fraud); 18 U.S.C. 2314 (interstate transportation of stolen property); 18 U.S.C. 659 (theft from interstate carriers); 18 U.S.C. 1832 (economic espionage; 18 U.S.C. 1832(theft of trade secrets); 18 U.S.C. 1029 (fraud involving credit cards and access devices)
This paragraph provides that no one shall • transmit in interstate or foreign commerce • any communication containing any threat • to cause damage, [i.e., “any impairment to the integrity or availability of data, a program, a system, or information, that - causes loss aggregating at least $5,000 in value during any 1-year period to one or more individuals - modifies or impairs, or potentially modifies or impairs, the medical examination, diagnosis, treatment, or care of one or more individuals - causes physical injury to any person; or - threatens public health or safety” (1030(e)(8))] • to a protected computer; • with the intent to extort money or a thing of value • from any person, firm, association, educational institution, financial institution, government entity, or other legal entity.
Other crimes: The same general observations concerning attempt, conspiracy and complicity noted with respect to the other paragraphs of 1030(a) apply here. Violations of paragraph 1030(a)(7) may also offend 18 U.S.C. 1951 (extortion that affects commerce); 18 U.S.C. 875 (threats transmitted in interstate commerce); 18 U.S.C. 876 (mailing threatening communications); 18 U.S.C. 877 (mailing threatening communications form a foreign country); and 18 U.S.C. 880 (receipt of the proceeds of extortion).
Other crimes: The generally applicable provisions dealing with attempt, conspiracy and complicity will apply with equal force in cases involving paragraph 1030(a)(6). Paragraph 1030(a)(6) appears to have few counterparts in federal law, other than the prohibition against trafficking in access devices (credit card fraud) under 18 U.S.C. 1029(a)(2) and the wire fraud provisions of 18 U.S.C. 1343. Nevertheless, either of these may provide the foundation for a RICO (18 U.S.C. 1962) or money laundering (18 U.S.C. 1956, 1957) prosecution, so that should conduct in violation of paragraph 1030(a)(6) also offend either the mail fraud or credit card fraud prohibitions, a criminal breach of RICO or the money laundering provisions may also have occurred.
Other crimes: The generally applicable provisions dealing with attempt, conspiracy and complicity will apply with equal force in cases involving paragraph 1030(a)(6). Paragraph 1030(a)(6) appears to have few counterparts in federal law, other than the prohibition against trafficking in access devices (credit card fraud) under 18 U.S.C. 1029(a)(2) and the wire fraud provisions of 18 U.S.C. 1343. Nevertheless, either of these may provide the foundation for a RICO (18 U.S.C. 1962) or money laundering (18 U.S.C. 1956, 1957) prosecution, so that should conduct in violation of paragraph 1030(a)(6) also offend either the mail fraud or credit card fraud prohibitions, a criminal breach of RICO or the money laundering provisions may also have occurred.
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 41 - EXTORTION AND THREATS
-HEAD- Sec. 880. Receiving the proceeds of extortion
-STATUTE- A person who receives, possesses, conceals, or disposes of any money or other property which was obtained from the commission of any offense under this chapter that is punishable by imprisonment for more than 1 year, knowing the same to have been unlawfully obtained, shall be imprisoned not more than 3 years, fined under this title, or both.
-SOURCE- (Added Pub. L. 103-322, title XXXII, Sec. 320601(a)(1), Sept. 13, 1994, 108 Stat. 2115.)
Harassing Telephone Calls in Interstate Communications This statute makes it a federal crime, punishable by up to two years in prison, to use a telephone or other telecommunications device to annoy, abuse, harass or threaten another person at another number.
AGGRAVATED HARASSMENT SECOND DEGREE (A Misdemeanor) (Electronic or Mail Communication) PENAL LAW 240.30(1) (Committed on or after Dec. 3, 2008)1
The ______ count is Aggravated Harassment in the Second Degree. Under our law, 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 Select appropriate alternative: communicates with a person, anonymously or otherwise, by telephone, [by telegraph, or by mail, or by transmitting or delivering any other form of written communication2,] in a manner likely to cause annoyance or alarm; or
causes a communication to be initiated by mechanical or electronic means or otherwise with a person, anonymously or otherwise, by telephone, [by telegraph, or by mail or by transmitting or delivering any other form of written communication,] in a manner likely to cause annoyance or alarm. The term "intent" used in this definition has its own special meaning in our law. I will now give you the meaning of that term. 1 transmitting or delivering” (L. 2008, ch. 510, §1).
2 The statute was amended in 2008 to include the language “or by If a “recording” is in issue, the jury should be further instructed that a “‘form of written communication’ shall include, but not be limited to, a recording...” Penal Law § 240.30(5). The applicable definition of the term “recording” is set forth in Penal Law § 275.00 (6).INTENT means conscious objective or purpose.
3 Thus, a person acts with intent to harass, annoy, threaten or alarm another person when his or her conscious objective or purpose is to do so. In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, both of the following two elements:
1. That on or about (date) , in the County of (county), the defendant, (defendant's name), Select appropriate alternative: communicated with (specify) , anonymously or otherwise, by telephone, [by telegraph, or by mail or by transmitting or delivering any other form of written communication,] in a manner likely to cause annoyance or alarm; caused a communication to be initiated by mechanical or electronic means or otherwise with (specify) , anonymously or otherwise, by telephone, [by telegraph, or by mail or by transmitting or delivering any other form of written communication,] in a manner likely to cause annoyance or alarm; and
2. That the defendant did so with intent to harass, annoy, threaten or alarm (specify) . Therefore, if you find that the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of the crime of Aggravated Harassment in the Second Degree as charged in the _______ count. On the other hand, if you find that the People have not proven beyond a reasonable doubt either or both of those 3 Penal Law § 15.05 (1). 2 elements, you must find the defendant not guilty of Aggravated Harassment in the Second Degree as charged in the _______ count.
AGGRAVATED HARASSMENT SECOND DEGREE (A Misdemeanor) (Harassment; Telephone Call Without Legitimate Purpose) PENAL LAW 240.30(2) (Committed on or after Nov. 1, 1992)
The ____________ count is Aggravated Harassment in the Second Degree. Under our law, 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 makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication.The term "intent" used in this definition has its own special meaning in our law. I will now give you the meaning of that term. INTENT means conscious objective or purpose.1
Thus, a person acts with intent to harass, annoy, threaten or alarm another person when his or her conscious objective or purpose is to do so. In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, each of the following two elements:
1. That on or about (date) , in the County of (county) , the defendant, (defendant's name), made a telephone call with no purpose of legitimate conversation; 2. That the defendant did so with intent to harass, annoy, threaten or alarm (specify) .
1 See Penal Law §15.05(1).Therefore, if you find that the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of the crime of Aggravated Harassment in the Second Degree as charged in the _______ count. On the other hand, if you find that the People have not proven beyond a reasonable doubt either or both of those elements, you must find the defendant not guilty of Aggravated Harassment in the Second Degree as charged in the _______ count.
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