PEACE4 THE MISSING

Missing and Abused Persons Awareness and Support

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missjean Comment by missjean on September 23, 2009 at 6:23pm
Need to read this
http://en.wikipedia.org/wiki/Castle_Rock_v._Gonzales
the law that needs to be changed is the qualified immunity that police recive .....
missjean Comment by missjean on September 23, 2009 at 6:08pm
http://www.youtube.com/watch?v=soY_fjsFArM
John Quinn Comment by John Quinn on September 23, 2009 at 1:45pm
Hi Missjean :) You worked very hard to get us all this information and the videos for us to view !! I can't thank you enough..You are very dedicated and we love you very much !! Thank you again !! With Much Love and BIG HUGS....ALWAYS...john ps..I really liked the heritage video of Sharon and Annette's Oklahoma Family :)
missjean Comment by missjean on September 23, 2009 at 12:46pm
couple of weeks ago in her second such incident, actress Lindsay Lohan was injured when her Mercedes crashed into another car after allegedly being chased by so-called "stalkerazzi." Actresses Reese Witherspoon and Scarlett Johansson have had similar brushes.

A few years ago, Arnold Schwarzenegger was reportedly run off the road while his two children were with him. In 1998, he testified against two overly aggressive photographers who were eventually convicted for an incident involving him and his wife, and was also outspoken in favor of a proposed buffer zone for celebrities.

Stalkerazzi laws

But now that he is the governor of California, he has taken even more action to protect celebrities from unwanted tails. In October, Governor Schwarzenegger answered a call from the Screen Actors' Guild (SAG) and signed a bill to deter stalkerazzi. This stalkerazzi legislation provides up to three times the amount of general damages for the victims of assaults committed while trying to photograph or record someone. The bill also prohibits the perpetrator from profiting from any photo or recording taken. Moreover, those who direct, induce, or solicits another to engage in such behavior can also be held liable.

Before this most recent attempt to hit stalkerazzi in the pockets, California passed special stalkerazzi legislation in 1998 to protect celebrities' privacy. The law, which, like the new bill, allows lawsuits for up to three times the amount of general damages and forfeiture of any proceeds, prohibits the filming or recording of celebrities and crime victims "engaging in a personal or family activity in circumstances where they had a reasonable expectation of privacy."

Stalking generally

But what recourse do you, as a non-celebrity, have if someone just won't leave you alone? And what exactly is stalking anyway?

The definition of stalking varies by state, but a fact sheet from the Stalking Resource Center defines it as "a course of conduct directed at a specific person that would cause a reasonable person to feel fear."

Stalking is a crime in all states and the District of Columbia, and also under federal law. The federal government has further acknowledged the dangers of stalking in requiring the United States Attorney General to compile data regarding stalking as part of the National Incident-Based Reporting System.

How did all this legislation come about?

Partly because of its star-laden population, California has been the leader in anti-stalking legislation. The murders of actress Rebecca Schaeffer, killed by a fan who had stalked her, and of five other Orange County women who had been stalked by former partners sparked the nation's first anti-stalking law in 1990.

This statute filled a gap left open by existing laws; that is, before 1990, law enforcement officials couldn't do much to stop a stalking suspect until he or she had committed an act of violence against the victim. Tragically, however, a stalker's first act of violence often ends in serious bodily harm or even the death of the victim.

In California, a stalker is defined as "anyone who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family."

Stalking is punishable by up to a year's imprisonment, a $1000 fine, or both. If a restraining order or injunction is violated in the process, the prison sentence can be upped to 2 to 4 years. Someone convicted under this law may have to register as a sex offender with local authorities, and may also have to undergo counseling.

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