Monday, November 24, 2008

A cutting edge criminal prosecution that implicates a tort doctrine

Jennifer Steinhauer's story in the New York Times explains why this criminal prosecution is novel:
LOS ANGELES — Federal prosecutors in court on Wednesday depicted a woman accused of creating a phony account on MySpace to taunt a 13-year-old girl as cravenly preying on the “vulnerable” and “boy crazy” teenager, who had a history of depression and suicidal thoughts.

The girl, Megan Meier, committed suicide, prosecutors said, after receiving nasty messages that she believed had come from a teenage boy but had actually been written by the accused woman, Lori Drew.

In a highly unusual use of computer-fraud statutes, Ms. Drew is charged with conspiracy and three counts of accessing a computer without authorization via interstate commerce to obtain information to inflict emotional distress.

Other legally relevant facts noted in Steinhauer's story include the defendant's knowledge of the victim's emotional vulnerabilities.

Read here Steinhauer's earlier story, about the indictment of Ms. Drew, which was reported in May, 2008.

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