Harassment
a) a spouse
b) a child
c) a parent
d) a sibling
e) any other person who regularly resides in the same household as the targeted person
What is the definition of Family?
(1) a pattern of intentional, substantial, and unreasonable intrusion into the private life or a targeted person; AND
(2) that serves no legitimate purpose; AND
(3) causes the person and would cause a reasonable person in his position to suffer mental or emotional distress. may include, but is not limited to, verbal, written, or electronic contact that is initiated, maintained, or repeated.
What is Harassment 2nd degree?
visiting/following victim, contacting through various person and places, constant calls/texts/obscene messages or hang ups, trespassing, burglary, vandalism, gift giving, kill/injure pets, disable alarms and vehicles, filling out changes of addressed at post office, hiring private detectives, planting tracking devices
What are Characteristics or Behaviors of suspects?
Confirm proper identity of the deceased.
Gather as many details as possible about
incident
Any health consideration of person(s)
being notified?
Any special communication needs –
language, hearing impaired, disabilities,
What are things to do before a death notification?
a formal or informal ongoing organization, association, or group that consists of five or more persons who form for the purpose committing criminal activity and who knowingly and actively participate in a pattern or criminal gang activity
What is a criminal gang?
a) two or more acts
b) occurring over a period of time, however short
c) evidencing a continuity of purpose
What is a Pattern?
Punishment – fined not more than 200$ and/or imprisoned not more than 30 days
Enhanced Punishment – (1) when an injunction or restraining order is in effect
Class – misdemeanor
e. punishment – Fined not more than 1000 and/or imprisoned not more than 1 year
(2) Prior conviction of Harassment or Stalking within the last 10 years
Class – misdemeanor
e. punishment – fined not more than 1000$ and/or imprisoned not more than 1 year.
(3) Used licensing or registration information in furtherance of Harassment offence
Class – N/A
e. punishment – Fined 200$ and/or imprisoned 30 days (this enhanced punishment is in addition to the punishment for the Harassment conviction itself)
What is the punishment for Harassment 2nd degree?
(A) pursuant to this article, the Magistrate Court has jurisdiction over an action seeking a restraining order against a person engaged in harassment in the first or second degree or stalking.
(B) An action for a restraining order must be filed in the count in which:
(1) the defendant resides when the action commences;
(2) the criminal offense occurred; or
(3) the plaintiff resides if the defendant is a nonresident of the State or cannot be found
NOTE – Municipal judges do NOT have jurisdiction to issue restraining orders
What is Jurisdiction over RO?
What is Best death notification practices?
the commission or attempted commission of, commission as an accessory before or, after the fact to, or solicitation or conspiracy to commit, by criminal gang member, while knowingly and actively participating in criminal gang activity
What is a Pattern of criminal gang activity?
a) any transfer of
(1) signs
(2) signals
(3) writing
(4) images
(5) sounds
(6) data
(7) intelligence
(8) information of any nature
b) transmitted, in whole or in part, by any
(1) device
(2) system
(3) mechanism, including, but not limited to
a. a wire
b. radio
c. computer
d. electromagnetic system
e. photoelectric system
f. photo-optical system
What is the definition of Electronic contact?
(1) a pattern or works, whether verbal, written, or electronic, or a pattern of conduct; AND
(2) that serves no legitimate purpose; AND
(3) Is intended to cause and does cause a targeted person and would cause a reasonable person in the targeted person’s position to fear:
a) death of the person or a member of his family
b) assault upon the person or a member of his family
c) bodily injury to a person or a member of his family
d) criminal sexual contact on the person or a member of his/her family
e) kidnapping of the person or a member of his/her family; OR
f) damage to the property of the person or a member of his family
What is Stalking?
What is an Emergency RO?
Long period of time, established values/goals
ex. Bloods, Crips, Hells Angels, KKK
What are traditional gangs?
What is the reason gangs spread?
1) a pattern of intentional, substantial, and unreasonable intrusion into the private life or a targeted person; AND
(2) that serves no legitimate purpose; AND
(3) causes the person and would cause a reasonable person in his position to suffer mental or emotional distress.
Harassment in the 1st degree may include, but is not limited to:
a) following the targeted person a he moves from location to location;
b) visual or physical contact that is initiated, maintained, or repeated after a person has been provided oral or written notice that the contact is unwanted or after the victim has filled an incident report with law enforcement agency;
c) surveillance of or the maintenance of a presence near the targeted person’s
1. Residence
2. Place of work
3. School or
4. Any other place regular occupied or visited by the targeted person
d) vandalism and property damage.
What is Harassment 1st degree?
Punishment – fined not more than 5000$ and/or imprisoned not more than 5 years
What is the Punishment for Stalking?
Law enforcement officers shall arrest a defendant who is acting in violation of a restraining order after service and notice of the order is provided. An arrest warrant is not required.
What is LEO responsibility when violation of RO exists?
Active for a short time-frame
Adopt some signs, symbols, or goals of a traditional gang
Have not made an effort to align with a national leadership
What are Hybrid gangs?
A multifaceted approach is most effective
- document and monitor
- develop, maintain, and expand gang awareness
- use intelligence gathered in patrol stops
- gather, collate, and DISSEMINATE information
- coordinate with other jurisdictions
- Network with the community
- aggressive criminal gang crime enforcement
- look at criteria for gang enforcement
- consolidate gang and narcotics investigations
- provide ongoing training in gang identification
- involve government agencies
- use community based programs
What is LE response to gangs?
Punishment – Fined not more than 1000$ and/or imprisonment not more than 3 years
Enhanced punishment – (1) when an injunction or restraining order is in effect
Class – misdemeanor
e. punishment – fined not more than 2000$ and/or imprisonment not more than 3 years. (This enhanced punishment is given instead of the punishment listed above)
(2) Prior conviction of Harassment or Stalking within the last 10 years
Class – felony
e. punishment – fined not more than 5000$ and/or imprisonment not more than 5 years. (this enhanced punishment is given instead of the punishment listen above)
(3) used licensing or registration information in furtherance or Harassment offense.
Class – N/A
e. punishment – Fined 1000$ and/or imprisoned 1 year (this enhanced punishment is in additional to the punishment for the Harassment conviction itself)
What is the punishment for Harassment 1st degree?
Never take it lightly
The danger to these victims are real just as in “conventional” stalking/harassment cases
Many cyberstalking situations do evolve into off line stalking situation
Victims may experience
- abusive and threatening phone calls
- trespass
- vandalism
- physical assault
What is Cyberstalking?
(A) The primary responsibility of the law enforcement officer when responding to a harassment in the first or second degree or stalking incident is to enforce the law and protect the complainant.
(B) The law enforcement officer shall notify the complainant of the right to initiate criminal proceedings and to seek a restraining order.
What are the responsibilities of LEO when responding to Harassment/stalking complaint?
Usually the first type of gang
Traditional – slowly transitioning into a traditional gang
Short life-span
Struggling for identity
Identifies by:
- Cardinal directions
- area codes/phone prefixes
- zip codes
What are tactics and techniques for dealing with criminal gangs?