I now but I was trying to make sense of his comments. As for as extradition, some states in the US do not and international is even worse.It's not about extradition. @ndobney was talking about jurisdiction and prosecution.
The alleged victim in this crime received the text in California. It does not matter if the perpetrator was in Nebraska or Tibet. The alleged text was a crime in California and they can prosecute it under California law. It's the exact same way we prosecute inter-state cyber crimes.
Not without an extradition agreement!Correct. It wouldn't make any sense in saying the jurisdiction is where the perpetrator is instead of the victim in cyber crimes since so many perpetrators are outside the country. You would never be able to prosecute them in the US.
Of course, if I get caught in a cyber scheme by someone in Indonesia, Nebraska authorities are going to press charges and once extradited, they would be tried here in Nebraska.Not without an extradition agreement!
The alleged crime happened in California and the alleged victim was in California when she was allegedly victimized. Therefore California has jurisdiction. Nothing alleged about that part.No I actually just talked to a lawyer friend I have, and he confirmed jurisdiction would lay where the alleged evil act occurs. If he was out of state California has no jurisdiction
Shortly after the Mayflower landed.Having once been an 18-year-old guy I can tell you with some certainty that he likely was not thinking at all when he sent this, just reacting.
In this ruling there is a 3 prong test all three test must be satisfied in order to meet the minimal requirements. I dont the element of intent is present in the 2nd requirement. To me it was maurice telling a girl off, and he doesnt want her praise. I dont think the intent behind it was to cause detrimental effects within the state. In fact I dont think anyone actually thinks that was intent at all, and this ruling does require that intent. But your probably right it will ultimately be California judges ruling on the case.You should tell your friend that the Supreme Court ruled on the detrimental effects way back in 1911. Summary:
agree, welcome to the off season.I'm surprised that this discussion continues as there has not been any new information in over a week! :confucius
No I actually just talked to a lawyer friend I have, and he confirmed jurisdiction would lay where the alleged evil act occurs. If he was out of state California has no jurisdiction
You don't think Mo's text was intended to be detrimental to the girl?In this ruling there is a 3 prong test all three test must be satisfied in order to meet the minimal requirements. I dont the element of intent is present in the 2nd requirement. To me it was maurice telling a girl off, and he doesnt want her praise. I dont think the intent behind it was to cause detrimental effects within the state. In fact I dont think anyone actually thinks that was intent at all, and this ruling does require that intent. But your probably right it will ultimately be California judges ruling on the case.
I think that depends on whether or not he thought she was raped or not. If he didn't think she was raped then no I dont.You don't think Mo's text was intended to be detrimental to the girl?
In this ruling there is a 3 prong test all three test must be satisfied in order to meet the minimal requirements. I dont the element of intent is present in the 2nd requirement. To me it was maurice telling a girl off, and he doesnt want her praise. I dont think the intent behind it was to cause detrimental effects within the state. In fact I dont think anyone actually thinks that was intent at all, and this ruling does require that intent. But your probably right it will ultimately be California judges ruling on the case.
That's not what he's being charged with so it has no bearing here. It's whether Mo's text was detrimental to the girl in California based on child pornography and revenge porn laws.I think that depends on whether or not he thought she was raped or not. If he didn't think she was raped then no I dont.