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Cyberstalking a child under the age of 16 or a person of any age for which the offender has been ordered by the courts not to contact is considered "aggravated stalking," a third degree felony under Florida law. Cyberstalking in conjunction with a credible threat is also considered aggravated stalking. [31]
Illinois's wiretapping law (720 Illinois Compiled Statutes 5 / Criminal Code of 2012. Article 14 , also called the Illinois eavesdropping law ) was a "two-party consent" law. Illinois made it a crime to use an " eavesdropping device" to overhear or record a phone call or conversation without the consent of all parties to the conversation.
A few states have both stalking and harassment statutes that criminalize threatening and unwanted electronic communications. [46] The first anti-stalking law was enacted in California in 1990, and while all fifty states soon passed anti-stalking laws, by 2009 only 14 of them had laws specifically addressing "high-tech stalking."
A civil statute of limitations applies to a non-criminal legal action, including a tort or contract case. If the statute of limitations expires before a lawsuit is filed, the defendant may raise the statute of limitations as an affirmative defense to seek dismissal of the claim. The exact time period depends on both the state and the type of ...
Equitable tolling applies in criminal and civil proceedings, including in removal proceedings under the Immigration and Nationality Act (INA). [2] Equitable tolling is a common principle of law stating that a statute of limitations shall not bar a claim in cases where the plaintiff, despite use of due diligence, could not or did not discover the injury until after the expiration of the ...
[1] [2] The compilation organizes the general Acts of Illinois into 67 chapters arranged within 9 major topic areas. [3] The ILCS took effect in 1993, replacing the previous numbering scheme generally known as the Illinois Revised Statutes (Ill. Rev. Stat.), the latest of which had been adopted in 1874 but appended by private publishers since. [3]
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.
Scott v. Illinois, 440 U.S. 367 (1979), was a case heard by the Supreme Court of the United States. In Scott, the Court decided whether the Sixth and Fourteenth Amendments required Illinois to provide Scott with trial counsel. To emphasize the importance of court-appointed counsel, the Court opined, "[T]he interest protected by the right to ...