6 Comments

  1. Jon Bender
    March 5, 2013 @ 5:42 am

    I’ve been charged with this so called 33.07 ‘Internet Impersonation’ because I bought the domain of the person in question (a stalker of our family who had burglarized my sister & her boyfriend’s house) and posted the Dallas County Sheriff’s Dept mugshot, the alleged crime (2nd degree felony burglary of a habitation), and the address of the Lew Sterrett Justice Center saying: ”Hi, I’m in jail, you can write me at 100 W. Commerce St Dallas, TX 75201” . . . I was never arrested, made to post bond or even questioned. My grand jury hearing in on March 19th . . . thank goodness my attorney, Phillip Linder says I should have no problem getting off. As I did not disseminate any false information, I would agree. Had I just used the third person tense instead of what I call the $5.000 Letter I, then there would be no charges at all. The prosecution makes this case all on the tense of what I did. Let me know if you’d like a follow up on what happens, should be interesting.

    Reply

    • Mark Bennett
      March 5, 2013 @ 6:51 am

      I would like a followup. While a grand jury might no-bill you (it probably depends on the prosecutor’s attitude), it wouldn’t have to. You:

      • Used the stalker’s name;
      • To create a web page;
      • With the intent to harm him.

      Even if you had not used the first person, your conduct would have fit those three criteria.

      This is what makes the statute overbroad and unconstitutional.

      I would like a followup, please. I hope that you are not, but if you are indicted, please ask that Mr. Linder call me. I’m ready to attack this statute.

      Reply

      • Jon Bender
        August 13, 2014 @ 12:26 am

        Mark, FYI, I was no-billed on this in less than 15 minutes. Now this person has sued me and several others civilly in an unfounded ”defamation conspiracy” in the 44th Judicial Court.

      • Mark Bennett
        August 24, 2014 @ 5:07 pm

        Congratulations, Jon. On the no-bill, not the lawsuit.

  2. Anonymous
    March 12, 2014 @ 1:34 pm

    I was also indicted on this. I think it is crazy. I did not know the law could be used to keep people from getting their feelings hurt. I accepted a plea for a third degree felony because I was scared out of my mind with no money. I feel very taken advantage of. The person who I did this too “hurt my feelings first,” but that’s okay.

    Being broke, I was not able to fulfill all of the requirements of the plea, so now I think they may have the power to just go ahead and sentence me. I am trying to find out if it is not too late, so that maybe I can get a public defender to challenge it, if it would be worth it. I feel like I didn’t even quite meet the requirements for the felony, because I messaged guys on craigslist his phone number. It wasn’t meant to ruin his “reputation,” and I hardly doubt anybody important, if anybody at all, connected the name with the phone number. I wanted him to see what it was like to be treated the way he treated me. I thought it was funny. Not quite a “feelings hurt” kind of issue. I also made a webpage with some random harmless name and posted a bunch of opinions I had of him and what I knew of him and personal things he confided in me with, which many people could confirm is true. I then emailed that page to a bunch of his friends and the prosecutors said that was a misdemeanor. I am at a loss. If that is a crime, then what is free speech, and what is that called when the news and politicians and friends and probably 90% of people do when they have something to say? Wow.

    Reply

  3. anonymous
    March 12, 2014 @ 2:44 pm

    Then shouldn’t rappers and actors be charged for opening twitter and facebook accounts using their stage names? I feel like this is out of line and it get’s used by prosecutors in small Texas towns to prosecute what they see as inappropriate or non republican.

    Reply

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