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The defendant appeals, arguing, among other things, that the plaintiff did not present sufficient evidence of harassment under the statute and that the Page 533 Legislature did not intend for the harassment prevention statute to apply in circumstances such as these. On March 21, 2014, the defendant contacted the plaintiff through a telephone video chat program called "Face Time." The tone of the conversation initially was friendly, but it changed when the defendant said to the plaintiff, "Sometimes in math when I act like I'm staring at nothing I'm actually staring at your big jugs of milk." This made her "[s]ad and afraid," "angry," and "embarrassed," and she hung up the telephone. However, given that the comment was made in the presence of a classmate, who was videotaping the conversation, it becomes something very different -- a humiliating and intimidating moment, capable of repetition on social media indefinitely, and part of a larger pattern of harassment that continued in the following days.

The judge stated at the beginning of the hearing that he had reviewed the affidavit filed by the plaintiff and her father at the time of an earlier, ex parte hearing. The parties had been friends for two years and had become "boyfriend and girlfriend" within the week preceding the events at issue. If the first incident, the Face Time video with the sexually explicit comment, had been an isolated one, and if it had occurred in a private conversation between the parties, it is unlikely that it would be seen as an act of harassment. 148 , 154 (1981), quoting from Roblin Hope Indus., Inc.

The defendant thereafter seized control of the victim’s e-mail accounts, contacted the victims, and threatened that if they did not engage in a Skype video chat with him, he would distribute naked photos of the victims over the Internet.

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Words, "Intimidation," "Threat." A Juvenile Court judge properly issued a civil harassment prevention order pursuant to G. [535-540] Blake, J., dissenting, with whom Meade, J., joined. After a hearing, a judge of the Juvenile Court extended a harassment prevention order against the juvenile defendant. The day after the conversation, when both parties were walking back from physical education class, the defendant told the plaintiff that, if she showed the video recording to anyone, he would "make her life a living hell." [Note 3] The plaintiff testified that she was then "very scared that [the defendant] was going to do something." The plaintiff also testified that, soon afterwards, while the class was eating lunch in the school cafeteria, she heard the defendant "telling his sexual fantasy about [her]." On cross-examination, she clarified that the defendant's friend was relating the defendant's fantasy, with the defendant interrupting and correcting him Page 534 about details, "to make sure it was correct because it was his fantasy." While she did not remember details about the fantasy, she explicitly described it as a "sexual fantasy" and agreed with her lawyer that "[i]t had something to do with [her] body." [Note 4] "[A]lmost [their] whole class" was seated around the table, and the "other kids [were] overhearing and saying, 'Whoa.'" Following these incidents, the parties' parents communicated with each other, the school, and the local police department. 258E, we consider whether the judge could find, by a preponderance of the evidence, together with all permissible inferences, that the defendant committed "[three] or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that [did] in fact cause fear, intimidation, abuse or damage to property." G. However, it appears in the statute and we note "the well-established rule of statutory construction that 'none of the words [of the statute . Once a victim and the defendant logged onto Skype (the defendant utilized the screen name “shhh.shhh”), Allen demanded that the victims take their clothes off and engage in sexual conduct, with the further threat that naked pictures of them would be sent out to all of Western New York if the girl did not comply.As a result of the defendant’s repeated and sustained harassment of the victims, many victims suffered substantial emotional distress.But two things have changed for today’s preteens: their intimate relationship with technology, and easy, ubiquitous exposure to a hyper-sexualized culture.Though we might want to shove our kids in a Wi Fi-free cave at the first sign of puberty (believe me, I’ve considered it), this is the world in which our kids live. taught in public schools—ought to respond to the realities of their online social lives. Social media platforms become increasingly important as kids enter adolescence. In reality, the website was a front by which the defendant sought to surreptitiously obtain the victim’s private e-mail address and password—such a site is sometimes referred to by law enforcement as a “phishing” website.