Home -> Law Blog Directory -> Criminal Law Blogs -> Underdog

Criminal Law

: Underdog

The First Amendment trumps Virginia's unconstitutional harassment statute.

By Marks & Katz, LLC

Virginia has an unconstitutionally vague and overbroad harassment statute, which provides:   "§ 18.2-186.4. It shall be unlawful for any person, with the intent to coerce, intimidate, or harass another person, to publish the person's name or photograph along with identifying information as defined in clauses (iii) through (ix), or clause (xii) of subsection C of § 18.2-186.3, including identification of the person's primary residence address. Any person who violates this section is guilty of a Class 1 misdemeanor."  "Any person who violates this section knowing or having reason to know that person is a law-enforcement officer, as defined in § 9.1-101, is guilty of a Class 6 felony. The sentence shall include a mandatory minimum term of confinement of six months...continue to full post

Full post as published by Underdog on July 31, 2009 (boomark / email).