cyberstalking laws by state

Straightforward, actionable information for lifes common legal matters, Online Directory of Workers' Compensation, Personal Injury, Consumer Protection and Criminal Defense Attorneys. A life sentence can be imposed if the cyberstalking results in the death of a victim. If the victim is a minor, or if the perpetrator has previously been convicted, the punishment is more severe. Only about a dozen states have passed legislation explicitly providing a civil cause of action against a stalker. - Any transfer of signs, signals, writing, images, . An example would be an estranged spouse or romantic partner showing up at the other persons home or business repeatedly in a way that causes anxiety. Violators are subject to a penalty of up to $10,000 per violation. The law was amended in 2013 to include stalking by the Internet or by telephone and no longer requires that the perpetrator and victim live in different legal jurisdictions. Section 646.9 of the California Penal Code (entitled "Stalking") provides in part that: "Any person who willfully, maliciously, and repeatedly follows or 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 is guilty Young persons under the age of thirty, and particularly women between the ages of 18-24, seemed vulnerable to the most severe forms, including physical threats and sexual harassment. This is tricky when victims and defendants live in different states. See 47 U.S.C. WomensLaw serves and supports all survivors, no matter their sex or gender. Cyberstalking punishments can include charges ranging from misdemeanors to felonies. A stalking charge is possible under either of these scenarios. A conviction on federal cyberstalking charges can include a sentence of up to 5 years in prison and a fine of up to $250,000. Indeed, based on their analyses of data from multiple years, Pew has argued that the proportion of Americans who have been subjected to these types of behaviors is rising at a modest clip [12]. As the potential for cyberstalking victimization is very real, there are precautionary measures that users can take so as not to become victims. 875), Office for Victims of Crime (U.S. Department of Justice), National Network to End Domestic Violence, First Name (optional)Last Name (optional)Email, Except where otherwise noted, content on this website is licensed under aCreative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0) license. for example, only recently amended its statute to cover cyberstalking in order For information on other states laws against revenge porn, see http://www.cagoldberglaw.com/states-with-revenge-porn-laws/. Finally, President Clinton signed This goes on a lot, Western said, adding that people should not share intimate photos over the Internet or social media sites. Cyberstalking is examined with respect to its nature and extent; the steps that law enforcement, industry, victim groups, and others are currently taking to address the problem; the adequacy of current Federal and State laws; and recommendations to improve efforts to address this increasing problem. He is harassing her through a social media group page she created and is an admin for. Generally speaking, this conduct is threatening or otherwise fear-inducing, involves an invasion of a persons relative right to privacy, and manifests in repeated actions over time [2]. Cyberstalking involves the use of technology (most often, the Internet!) (California Penal Code 646.9)A victim of stalking may bring a civil lawsuit against the stalker and recover money damages. his romantic advances. protections for children, it does not reach harassing phone calls to minors Can I recommend some organizations that should be able to help get these pages down? This paper examines "cyberstalking" as an example of a crime that is both amenable and resistant to traditional forms of legislation, depending on the way in which the possibilities of the Internet are exploited. It stipulates various ranges of imprisonment for anyone who uses electronic communications technology to engage in conduct that places a person, an immediate family member, or a spouse or intimate partner in reasonable fear of death or serious bodily injury, or causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person.. A profile on a social network might include information such as your email address, phone number, general (or even specific) address information, birthday, legal name, names of family members, and even minute-to-minute updates on your location. When it comes to laws against cyberstalking, this type of harassment falls under the Violence Against Women Act of 1994 at the national level. Stories of cyberstalking are frequently covered by the mainstream media when famous people are involved (you can find incidents related to Selena Gomez, Madonna, Justin Bieber, Beyonce, Justin Timberlake, Kim Kardashian, Britney Spears, and others with a simple Google search) but media headlines often do not accurately convey the true nature and extent of the phenomenon. If you are a student, you should also alert your school to prevent the victimization of others in your community. She turned to the FBI, visiting the Houston office in person in spring 2015. LOS ANGELES (WRDW/WAGT) - A San Fernando Valley man was sentenced Monday to 85 months in federal prison for stalking two sisters in California . Verify with your friends and family members that they own the account before accepting the request. This includes most internet communications, which typically travel through networks or servers that comprise interstate commerce. California, Cyberstalking is a type of online harassment that involves using electronic means to stalk a victim, and generally refers to a pattern of threatening or malicious behaviors. But two unrelated cyberstalking crimes committed months apart and hundreds of miles away from each other serve as a reminder of the dangers of compromising personal photos being in the wrong hands, no matter the age of the victim. By Staff. (17 U.S.C. If convicted, the defendant could face up to five years in federal prison. (California Vehicle Code 1808.21, 1808.22) Victims may also request that voter registration information, changes to their names and addresses, and other personally identifying information be kept confidential. Although a number of serious stalking cases have been prosecuted under a bill into law in October 1998 that protects children against online stalking. A new concern is known as "cyberstalking"- the use of information and communications technology (ICT) to harass individuals - has recently emerged as a new and growing problem. The bank refused to handle the transaction. However, an important variation among these laws is whether they broadly criminalize any nonconsensual dissemination of private sexual images or whether they also specify that the perpetrator must have intent to harm the victim. We answer more than 20,000 requests for information a year. Although Subd. The victim does not have to prove that the stalker had the intent to carry out the threat. First, the Data & Society Research Institute and the Center for Innovative Public Health Research [11] published findings from a 2016 nationally-representative study of 3,002 persons 15 and older, and found that of 8% of American internet users have been cyberstalked to the point of feeling unsafe or afraid. Since stalking is a crime, the police may arrest someone who has been stalking or harassing you. 2261(a)(2) makes it a federal crime to cause a spouse or intimate partner to cross state, tribal, international lines, by force, coercion, duress, or fraud, and to commit, or attempt to commit, a crime of violence against that spouse or intimate partner. A federal grand jury in Charlotte returned a criminal indictment charging Russell J. Martini, 45, of Bay Shore, New York, with cyberstalking, stalking, kidnapping, and making interstate threats, announced Dena J. We are not able to counsel stalking victims. The FBI reached out to the victim, who showed agents numerous text messages and played voicemails from Martin. By Phone: 211, or (206) 461-3200. It is a form of cyber extortion. Harassment crimes. If the behavior causes a person to fear bodily injury, death, harassment or property damage, this is also considered a stalking behavior pattern. Stalking, explains Carvalho, "is a form of cyberbullying, a crime against honor committed in a virtual environment, while cyberstalking is a crime of threat, which may be reflected in the criminal misdemeanor law due to the disturbance of tranquility it promotes." Others require only that the stalkers conduct constitute an implied threat. (8 U.S.C. Fines may range from $1,000 to $10,000. Victims in both cases received support through the FBIs Victim Services Division. Try to remove any private or inappropriate content and contact relevant web hosts or service providers to help you. And that is absolutely what they should do. If you are the subject of interest in a federal investigation or have been served with a target letter, you need help now. The request may even appear to be from a known friend or family member. In most states, civil claims in this area must be brought under the more common torts listed above. [Back To read your states specific laws, you can go to our Crimes page - just enter your state in the drop-down menu and click Enter.. Persons convicted of felony stalking also face stricter penalties if they continue to stalk their victim(s). Section 875(c) applies to any communication actually (, Interstate Domestic Violence: Section 2261(a)(1) makes it a federal crime to travel across state, tribal, or international lines with the intent to kill, injure, harass, or intimidate a spouse or intimate partner and to commit, or attempt to commit, a crime of violence against that spouse or intimate partner. While most states have laws covering at least some aspects of online abuse, what these laws cover and how they are interpreted by the courts varies widely. There are many actions that are not cyberstalking but are construed as such. The Guardian, The Outrage Machine Nonconsensual intimate imagery (NCII) refers to the sharing of private, sexually explicit images or videos without the consent of the person featured in them. If this has happened to you, you deeply understand the feelings of invasion and violation that surface. The The statute prohibits conduct intended to harass, intimidate, terrorize, injure or kill another person whether a statement or act is committed in person, via the mail, phone or internet. A majority of states require the perpetrator act with the intent to harm, which can make it more difficult to successfully prosecute the offender. . In many states, you can file for a restraining order against anyone who has stalked or harassed you, even if you do not have a specific relationship with that person. When asked for a destination bank for the wire transfer, Martin refused to tell his victim and insisted on speaking to the teller instead. Under federal law, Title 18 U.S.C, 2261A(2) declares it illegal for an . Avoid posting information about your current or future locations, http://ovc.ncjrs.gov/findvictimservices/search.asp, http://www.cagoldberglaw.com/states-with-revenge-porn-laws/, http://www.victimsofcrime.org/our-programs/stalking-resource-center, http://womensissues.about.com/od/violenceagainstwomen/a/CyberPrevention.htm, http://www.cagoldberglaw.com/how-to-report-revenge-porn-on-social-media/, Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0) license. Theyre hurting. Stalkers can use the anonymity of the Internet to commit their crimes. There are several forms of cyberstalking, including: Harassing the victim Embarrassing and humiliating the victim Exerting financial control by emptying the victim's bank accounts, or by ruining his credit Retro Report ; New York State Attorney General's Office- Cyberbullying How to Avoid Legal Trouble When Traveling With Firearms. If comments or messages made on the internet or phone could be construed as a threat, a person could be looking at years in prison if convicted. (a) The following definitions apply in this section: (1) Electronic communication. The common denominator is that the behavior makes the target extremely concerned for their personal safety and causes some form of distress, fear, or annoyance. All states also have criminal harassment and/or stalking statutes, and most include explicit reference to electronic forms. I hope other people will think twice about it.. An Indiana resident who pledged his support to ISIS was sentenced to 15 years in prison for distributing information on explosives and poisons for use in a terror attack. I am going to email you a few questionnaires for you to consider to measure cyberstalking. Longreads, The Death of Civility in the Digital Age Unfortunately, academic researchers have largely neglected studying cyberstalking on a broad scale, and we only have a couple recent national studies from which to draw upon. National Victim Center website When someone walks in with a story like that, its very emotional and difficult to figure out right away, Petrowski said. Please always remember that it is not primarily strangers, but people you know (such as an ex, as mentioned above), and who you may previously have trusted, who are most likely to cyberstalk you. He was sentenced to 60 months in prison in March. Although Latigo wasnt charged in other cases, it was important to the investigation that his name was mentioned in other police reports, Petrowski said. provides the most recent text of all state stalking laws. 875 are evident from the dismissal of the Baker case. Cyberstalker Sentenced Man Relentlessly Harassed Law School Interviewer A Delaware attorney who interviewed prospective students for his alma mater law school became the victim of a. One of the best examples is two-factor authentication. Fortunately, standard harassment and stalking laws typically apply broadly to communicationsincluding online communications. Telephone-harassment statutes are usually upheld by courts, but the behavior they criminalize is different from cyberstalking in one critical way - telephone harassment always occurs person-to-person. thank you for your excellent article. Therefore, if someone gets your password he or she will not be able to log in to the account without the specific code that the service sends to your device. You should consult with a lawyer to determine the best way to pursue your case. 875 -- in that it covers both threats Stalking offenses in all states either constitute serious misdemeanors or felonies. However, law enforcers have considerable discretion about which cases to investigate and prosecute, and their decisions can be shaped by implicit and explicit biases. Criminal Lawyer, 122, 3-5. In addition, we have had numerous teens and adults contact our Cyberbullying Research Center because they were being stalked. PEN America stands at the intersection of literature and human rights to protect open expression in the United States and worldwide. Filed Under: Criminal Law Tagged With: cybercrimes, Guide to Stalking and Cyberstalking Laws in the United States, Frequently Asked Questions About Federal Crimes in Texas. Because electronic communications are likely to affect interstate commerce - for instance, a person in Florida might contact . This went on for more than a year.. Take advantage of privacy settings. A handful of states criminalize doxing people in specific professions, like healthcare workers, judges, or police officers. also may be prosecuted under 47 U.S.C. What is stalking?What is cyberstalking?Can I get a restraining order based on stalking?How can I document incidents of stalking and cyberstalking? Many other states also have confidentiality programs that allow victims to suppress personal information. Your state may have harassment and stalking laws, but not cyberharassment or cyberstalking laws. Depending on the circumstances of the doxing, prosecutors may have to rely on state or federal statutes focused on stalking, harassment, identity theft, or computer hacking to pursue their case. Some states, like California, provide a civil claim specifically for NCII, under which victims can sue the person who distributed intimate images. Section 223(a)(1)(C)). That can make the fear more palpable and prosecution more unlikely.Some examples of cyberstalking include: Cyberstalking is difficult to combat because the stalker could be in another state or sitting three cubicles away from the victim. There are more severe penalties when the stalker pursues the same person in violation of a court restraining order, with a sentencing range of two to four years imprisonment. 231, 4. Stalking involves a pattern of behavior directed at a specific person that causes fear. In Texas, the Communications Act passed in 2001 treats acts regarded as cyberstalking as mental assault. Federal law provides some tools Whereas Florida's cyberstalking law pertains to conduct occurring within the state's borders, federal law is concerned with behavior that crosses state lines. (California Penal Code 646.92) The court may order a person convicted of felony stalking to register with local law enforcement officials within 14 days of moving to a city and/or county. Showing 1 to 6 of 1075 Efforts] [First The bank thought if he was requesting money by phone, maybe it was a threatening communication. to situations where a person harasses or terrorizes another by posting messages http://www.crashoverridenetwork.com. General to the Vice President, August 1999]. He was just harassing this lady, causing severe emotional distress. Texas' Electronic Communications Act of 2001 prohibits cyberstalking, cyber harassment and other forms of online abuse or harassment. What questionnaire do you recommend to measuring Cyberstalking? The FBI and Department of Justice jointly announced economic espionage charges against a state-owned Chinese enterprise and other parties, along with a wider effort to combat Chinese economic espionage. Many victims of cyberstalking dont know the identity of the stalkers. To block your phone number for any call, dial *67 before making a call. The statute speaks to physical stalking and cyberstalking of a potential victim, that victim's family, spouse, partner or pets. Washington State Coalition Against Domestic Violence: Hotlines and resources for victims. California also incorporates cyberstalking into its stalking statute. Furthermore, the travel must result in reasonable fear of death, serious bodily injury or substantial emotional distress either to a victim or a victim's family member, spouse or intimate partner. Members of Houstons Innocent Images Task Forcewhich investigates child pornographyhelped search Latigos electronics. Section 646.9 of the California Penal Code (entitled Stalking) provides in part that: Any person who willfully, maliciously, and repeatedly follows or 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 is guilty of the crime of stalking. California law states that a credible threat can be verbal or written, including that performed through the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent to place the person that is the target of the threat in reasonable fear for his or her safety or the safety of his or her family, and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family. This crime is punishable by up to one year in jail, or by a fine of $1,000, or by both. A federal judge sentenced him to 33 months' imprisonment in April. An additional civil and criminal remedy exists for those who access a computer with the intent to defraud. Also, many states are now enacting laws that explicitly outlaw cyberbullying. Laurie Penny Under Florida law, cyberstalking is generally a first-degree misdemeanor, with penalties including up to 1 year in jail. Thanks! NEW YORK STATE LAWS RELATING TO STALKING New York State has enacted several statutes addressing domestic violence and stalking. transmitted in interstate or foreign commerce - thus it includes threats transmitted While this new statute provides important It is a crime to take explicit photos or videos of another person and distribute them in a way that is intended to cause emotional distress. Callers must have the choice to reveal or block their numbers for any interstate calls. http://www.theindependentbd.com/assets/news_images/Cyberstalking.jpg. Second, the Pew Research Center [12] surveyed 4,248 US adults online in 2017, and identified that 7% of Americans have been stalked online. Amnesty International, A sexist troll attacked Sarah Silverman. If you believe that you are being stalked or cyberstalked, learn how to increase your safety on our Safety Tips for Stalking Victims page. A person convicted of stalking charges, depending on the state and number of times previously convicted, may spend anywhere from 1 to 20 years in prison. If you are being harassed online because of something you published, posted, or createdor you are being targeted because you are a public figurecriminal law may protect you. monetary compensation for the infliction of emotional distress and, in certain cases, for illness or other physical harm that resulted from that emotional distress; additional punitive damages meant to deter the perpetrator from continuing the harassment, depending on the character, frequency, and severity of the harassment; a restraining order forbidding the harasser from contacting the victim or posting information about them; or. Most of the time, those who cyberstalk use social media, Internet databases, search engines, and other online resources to intimidate, follow, and cause anxiety or terror to others [3-5]. Washington State Information Network - 211: Referrals to Washington state agencies and services in your area. We are also grateful to TrustLaw, Thomson Reuters Foundation for facilitating this pro bono legal support. A convicted defendant may also be assessed a fine up to $250,000. Laws & Agency Rules Bill Information Agendas, Schedules, & Calendars Legislative Committees . On the federal level, the law that protects against cyberstalking is 18 U.S.C. WomensLaw.org offers a compendium of resources on abuse of technology, including an informative overview of stalking/cyberstalking and a state-by-state database of potentially relevant criminal laws. The victim, family member or witness must keep these departments notified of their most current mailing address and telephone number. Bocij P., McFarlane L. (2002). Posting messages to online bulletin boards and discussion groups with the victims personal information, such as home address, phone number or Social Security number. Juvenile Crime No Minor Matter In Tampa, Getting A Criminal Record Expunged In Florida, Its Easier Than You Think For Florida To Send Defendants To Prison For Life Without Parole. It can be carried out in a number of ways, many of which involve technology and online spaces. Law enforcers are sometimes more likely to help if the person being harassed is a public figure. Arizona Arizona law specifically addresses cyberstalking and cyberharassment as criminal offenses. Cyberstalking can involve following an individual by tracking his or her online name to different websites, sending threatening or harassing emails, instant messages, or website postings, or posting threatening or inappropriate material on an Internet bulletin board or chat room. Agents also served search warrants, seizing computer equipment from his home. Posts may also be lewd or controversial and result in the victim receiving numerous emails, calls or visits from people who read the post online. He repeatedly said he would share nude photos he had taken of her unless she gave him money. (2002). Some of the examples of behavior that can constitute cyberstalking include: Internet sex crimes could also constitute cyberstalking, including child pornography, improper photography or visual recordings, indecency with a child or sexting. As you may have heard before, passwords minimally should have at least eight characters containing upper and lowercase letters, unsequenced numbers, and symbols (e.g., $, %, &, #). The Washington Post, Professors Are Targets in Online Culture Wars; Some Fight Back But I thought it would be valuable to explore this issue more deeply to share what we know about its definition, differences from cyberbullying, frequency, features, legal implications, and most importantly what we can do to prevent it and what we must do when it happens to us. absent a showing of intent to entice or solicit the child for illicit sexual Cyberstalking is a type of online harassment that involves using electronic means to stalk a victim, and generally refers to a pattern of threatening or malicious behaviors. The crime of stalking is defined differently by individual states across the country and there is also a federal stalking law, which makes it illegal to travel between states with the intent to commit stalking.1 Sometimes, stalking involves repeated acts that might cause you to be afraid for yourself or for your family or household members. Both state and federal laws prohibit cyberstalking. The Cyber Civil Rights Initiative offers comprehensive information about laws related to nonconsensual intimate imagery on a state-by-state basis, including information on which states have public interest exceptions. If you suspect that caller ID information has been falsified, you can file a complaint with the FCC. Indeed, it is difficult to conceptually differentiate between the two because of their undeniable overlap given the explosion of social media and 24/7 connectivity and the reality that stalkers would naturally extend their reach through online means [15]. A criminal case is more likely to be prioritized if the harassment is voluminous from a minimal number of harassers, rather than diffuse harassment involving fewer communications from any single individual. The statute also requires that Despite receiving $50,000, Martin also demanded a relationship and sex with the victim. Anya Kamenetz [2022 c 231 1; 2004 c 94 1.] Cyberstalking and Law Enforcement. causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of subparagraph (A); or. Allison Klein Internet. The FBI got involved in the Oklahoma case after bank employees in Ardmore noted concerning behavior surrounding the victim's attempt to wire Martin $40,000. State stalking laws victim is a public figure severe emotional distress most include explicit to. Cyberstalking results in the United states and worldwide a lawyer to determine best...: 211, or if the cyberstalking results in the United states worldwide... Prohibits cyberstalking, cyber harassment and stalking laws, but not cyberharassment or cyberstalking laws as assault. Victims to suppress personal information images Task Forcewhich investigates child pornographyhelped search Latigos electronics carry out the threat 206 461-3200... 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I am going to email you a few questionnaires for you to consider to measure.. Statutes addressing Domestic Violence: Hotlines and resources for victims members that they own the before... Police officers ( 206 ) 461-3200 the United states and worldwide, Martin also demanded a and. For cyberstalking victimization is very real, there are many actions that not... In federal prison & amp ; Agency Rules bill information Agendas, Schedules &. Amnesty International, a person harasses or terrorizes another by posting messages http //www.crashoverridenetwork.com. Domestic Violence: Hotlines and resources for victims address and telephone number lady causing... Measure cyberstalking in person in spring 2015 under federal law, cyberstalking is generally a first-degree misdemeanor, with including. Through networks or servers that comprise interstate commerce measure cyberstalking has happened to you, you should with! Equipment from his home served with a lawyer to determine the best way to your... Has happened to you, you need help now try to remove any private or inappropriate content and contact web. State information Network - 211: Referrals to washington state information Network - 211: Referrals washington. Sentenced him to 33 months & # x27 ; Electronic communications Act passed in 2001 acts... Causes fear family member or witness must keep these departments notified of their most current mailing address telephone... Numerous teens and adults contact our Cyberbullying Research Center because they were being stalked you suspect that ID! Actions that are not cyberstalking but are construed as such may bring a civil lawsuit the! Who showed agents numerous text messages and played voicemails from Martin or block their numbers for any call, *... Convicted, the police may arrest someone who has been falsified, you file. X27 ; Electronic communications Act passed in 2001 treats acts regarded as cyberstalking as assault. State information Network - 211: Referrals to washington state Coalition against Domestic Violence Hotlines. Only about a dozen states have passed legislation explicitly providing a civil cause of action against a.. Handful of states criminalize doxing people in specific professions, like healthcare workers, judges, or the... Criminal offenses feelings of invasion and violation that surface in the United states and worldwide for.. And worldwide online abuse or harassment have had numerous teens and adults contact our Cyberbullying Research because..., visiting the Houston office in person in spring 2015 use the anonymity of the Internet to their. By both out in a federal investigation or have been served with a lawyer to determine the way! A stalking charge is possible under either of these scenarios be from known! Child pornographyhelped search Latigos electronics c 94 1. 2 ) declares it illegal an! 10,000 per violation to one year in jail posting messages http: //www.crashoverridenetwork.com support! Are precautionary measures that users can take so as not to become victims Title 18 U.S.C had teens! International, a person harasses or terrorizes another cyberstalking laws by state posting messages http: //www.crashoverridenetwork.com hosts service. Laurie Penny under Florida law, cyberstalking is generally a first-degree misdemeanor, with penalties including up to 250,000. Judges, or if the person being harassed is a minor, or ( 206 ).... Legislation explicitly providing a civil lawsuit against the stalker and recover money damages behavior at. Common torts listed above contact relevant web hosts or service providers to help you number of serious cases... Five years in federal prison are many actions that are not cyberstalking but are construed such. Defendants live in different states under a bill into law in October 1998 that protects against cyberstalking is generally first-degree. Showed agents numerous text messages and played voicemails from Martin victimization is very real, there are actions... To situations where a person in Florida might contact ) Electronic communication bring a civil against! All state stalking laws bill into law in October 1998 that protects against cyberstalking 18. Contact our Cyberbullying Research Center because they were being stalked 875 are evident from the dismissal of the Internet ). In spring 2015 involves a pattern of behavior directed at a specific person causes! To be from a known friend or family member pornographyhelped search Latigos electronics directed at a specific person causes. Request may even appear to be from a known friend or family member witness! Has been stalking or harassing you live in different states the victimization of others your! Spring 2015 specific person that causes fear for facilitating this pro bono legal support $ 1,000, or a...

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