(c) As used in this section, the term ''criminal investigator'' means
any individual duly authorized by a department, agency, or armed
force of the United States to conduct or engage in investigations of
or prosecutions for violations of the criminal laws of the United
States.
Message-ID: <39C63B59.AB26B0F6@spamisntneeded.com>
From: Todd Johnston <hello@spamisntneeded.com>
Organization: America
Subject: Federal law - Civil action to restrain harassment
Date: Mon, 18 Sep 2000 12:58:18 GMT
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
Sec. 1514. Civil action to restrain harassment of a victim or
witness
(a)
(1) A United States district court, upon application of the
attorney for the Government, shall issue a temporary
restraining order prohibiting harassment of a victim or witness
in a Federal criminal case if the court finds, from specific facts
shown by affidavit or by verified complaint, that there are
reasonable grounds to believe that harassment of an identified
victim or witness in a Federal criminal case exists or that such
order is necessary to prevent and restrain an offense under
section 1512 of this title, other than an offense consisting of
misleading conduct, or under section 1513 of this title.
(2) (A) A temporary restraining order may be issued under this section without written or oral notice to the adverse party or such party's attorney in a civil action under this section if the court finds, upon written certification of facts by the attorney for the Government, that such notice should not be required and that there is a reasonable probability that the Government will prevail on the merits.
(B) A temporary restraining order issued without notice under this section shall be endorsed with the date and hour of issuance and be filed forthwith in the office of the clerk of the court issuing the order.
(C) A temporary restraining order issued under this section shall expire at such time, not to exceed 10 days from issuance, as the court directs; the court, for good cause shown before expiration of such order, may extend the expiration date of the order for up to 10 days or for such longer period agreed to by the adverse party.
(D) When a temporary restraining order is issued without notice, the motion for a protective order shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character, and when such motion comes on for hearing, if the attorney for the Government does not proceed with the application for a protective order, the court shall dissolve the temporary restraining order.
(E) If on two days notice to the attorney for the Government or on such shorter notice as the court may prescribe, the adverse party appears and moves to dissolve or modify the temporary restraining order, the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
(F) A temporary restraining order shall set forth the reasons for the issuance of such order, be specific in terms, and describe in reasonable detail (and not by reference to the complaint or other document) the act or acts being restrained.
(b) (1) A United States district court, upon motion of the attorney for the Government, shall issue a protective order prohibiting harassment of a victim or witness in a Federal criminal case if the court, after a hearing, finds by a preponderance of the evidence that harassment of an identified victim or witness in a Federal criminal case exists or that such order is necessary to prevent and restrain an offense under section 1512 of this title, other than an offense consisting of misleading conduct, or under section 1513 of this title.
(2) At the hearing referred to in paragraph (1) of this subsection, any adverse party named in the complaint shall have the right to present evidence and cross-examine witnesses.
(3) A protective order shall set forth the reasons for the issuance of such order, be specific in terms, describe in reasonable detail (and not by reference to the complaint or other document) the act or acts being restrained.
(4) The court shall set the duration of effect of the protective order for such period as the court determines necessary to prevent harassment of the victim or witness but in no case for a period in excess of three years from the date of such order's issuance. The attorney for the Government may, at any time within ninety days before the expiration of such order, apply for a new protective order under this section.
(c) As used in this section - (1) the term ''harassment'' means a course of conduct directed at a specific person that - (A) causes substantial emotional distress in such person;
and
(B) serves no legitimate purpose; and
(2) the term ''course of conduct'' means a series of acts
over
a period of time, however short, indicating a continuity of
purpose.
Message-ID: <39C63BE8.9459D5DB@spamisntneeded.com>
From: Todd Johnston <hello@spamisntneeded.com>
Organization: America
Subject: Federal law - Solicitation to commit a crime
Date: Mon, 18 Sep 2000 13:00:41 GMT
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 19 - CONSPIRACY
Sec. 373. Solicitation to commit a crime of violence
(a) Whoever, with intent that another person engage in conduct
constituting a felony that has as an element the use, attempted use,
or threatened use of physical force against property or against the
person of another in violation of the laws of the United States, and
under circumstances strongly corroborative of that intent, solicits,
commands, induces, or otherwise endeavors to persuade such
other person to engage in such conduct, shall be imprisoned not
more than one-half the maximum term of imprisonment or
(notwithstanding section 3571) fined not more than one-half of the
maximum fine prescribed for the punishment of the crime solicited,
or both; or if the crime solicited is punishable by life imprisonment or
death, shall be imprisoned for not more than twenty years.
(b) It is an affirmative defense to a prosecution under this section that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant prevented the commission of the crime solicited. A renunciation is not ''voluntary and complete'' if it is motivated in whole or in part by a decision to postpone the commission of the crime until another time or to substitute another victim or another but similar objective. If the defendant raises the affirmative defense at trial, the defendant has the burden of proving the defense by a preponderance of the evidence.
(c) It is not a defense to a prosecution under this section that the
person solicited could not be convicted of the crime because he
lacked the state of mind required for its commission, because he
was incompetent or irresponsible, or because he is immune from
prosecution or is not subject to prosecution.
Message-ID: <39C63C68.7914E975@spamisntneeded.com>
From: Todd Johnston <hello@spamisntneeded.com>
Organization: America
Subject: Federal law - Conspiracy against rights
Date: Mon, 18 Sep 2000 13:02:49 GMT
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 13 - CIVIL RIGHTS
Sec. 241. Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate
any person in any State, Territory, Commonwealth, Possession, or
District in the free exercise or enjoyment of any right or privilege secured
to him by the Constitution or laws of the United States, or because of his
having so exercised the same;
They shall be fined under this title or imprisoned not more than ten
years, or both; and if death results from the acts committed in violation of
this section or if such acts include kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit aggravated sexual
abuse, or an attempt to kill, they shall be fined under this title or
imprisoned for any term of years or for life, or both, or may be
sentenced to death.
Message-ID: <39C63D12.1D9A9146@spamisntneeded.com>
From: Todd Johnston <hello@spamisntneeded.com>
Organization: America
Subject: CHAPTER 73 - OBSTRUCTION OF JUSTICE
Date: Mon, 18 Sep 2000 13:05:39 GMT
United States Code =
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE =
PART I - CRIMES =
CHAPTER 73 - OBSTRUCTION OF JUSTICE =
CHAPTER 73 - OBSTRUCTION OF JUSTICE =
=A7 1501. Assault on process server. =
=A7 1502. Resistance to extradition agent. =
=A7 1503. Influencing or injuring officer or juror generally. =
=A7 1504. Influencing juror by writing. =
=A7 1505. Obstruction of proceedings before departments, agencies,
and committees. =
=A7 1506. Theft or alteration of record or process; false bail. =
=A7 1507. Picketing or parading. =
=A7 1508. Recording, listening to, or observing proceedings of grand
or petit juries while deliberating or voting. =
=A7 1509. Obstruction of court orders. =
=A7 1510. Obstruction of criminal investigations. =
=A7 1511. Obstruction of State or local law enforcement. =
=A7 1512. Tampering with a witness, victim, or an informant. =
=A7 1513. Retaliating against a witness, victim, or an informant. =
=A7 1514. Civil action to restrain harassment of a victim or witness.=
=
=A7 1515. Definitions for certain provisions; general provision. =
=A7 1516. Obstruction of Federal audit. =
=A7 1517. Obstructing examination of financial institution. =
=A7 1518. Obstruction of criminal investigations of health care
offenses.
Message-ID: <39C63D4D.37901352@spamisntneeded.com>
From: Todd Johnston <hello@spamisntneeded.com>
Organization: America
Subject: CHAPTER 13 - CIVIL RIGHTS
Date: Mon, 18 Sep 2000 13:06:38 GMT
United States Code =
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE =
PART I - CRIMES =
CHAPTER 13 - CIVIL RIGHTS =
CHAPTER 13 - CIVIL RIGHTS =
=A7 241. Conspiracy against rights. =
=A7 242. Deprivation of rights under color of law. =
=A7 243. Exclusion of jurors on account of race or color. =
=A7 244. Discrimination against person wearing uniform of armed
forces. =
=A7 245. Federally protected activities. =
=A7 246. Deprivation of relief benefits. =
=A7 247. Damage to religious property; obstruction of persons in the
free exercise of religious beliefs. =
=A7 248. Freedom of access to clinic entrances.
From: "Thomas J Best" <thomasjbest@netscape.net>
Subject: Re: CHAPTER 13 - CIVIL RIGHTS
Date: Thu, 21 Sep 2000 16:27:14 +1000
Organization: Seldom if ever
Message-ID: <39c99ba0.b44b7@nancy.pacific.net.au>
Todd Johnston wrote in message <39C63D4D.37901352@spamisntneeded.com>...
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 13 - CIVIL RIGHTS
Now, I'm not even a US citizen, never mind a lawyer, but exercising my
regained SP Powerz(TM), I think I can make this post relevant to ars.
CHAPTER 13 - CIVIL RIGHTS (13, eh? Unlucky for some, especially members of the criminal alien-obsessed nut-cult called $cientology) You get no civil rights in $cientology.
§ 241. Conspiracy against rights. - Is something $cientology practices constantly § 242. Deprivation of rights under color of law. - Is something $cientology practices constantly § 243. Exclusion of jurors on account of race or color. - Is something $cientology would like to be able to do § 244. Discrimination against person wearing uniform of armed forces. - Is something $cientology would like to be able to do, but they'd be too scared.
§ 245. Federally protected activities. - Is something $cientology likes to claim, poor deluded criminal cult.
§ 246. Deprivation of relief benefits. - Is something $cientology practices constantly § 247. Damage to religious property; obstruction of persons in the free exercise of religious beliefs. - Is something $cientology whines about constantly. Da poo' widdle cult, boo-hoo.
§ 248. Freedom of access to clinic entrances. - Is something that $cientologists desperately need.
There. Is that better?
tam
From: "Thomas J Best" <thomasjbest@netscape.net>
Subject: Re: CHAPTER 13 - CIVIL RIGHTS
Date: Thu, 21 Sep 2000 16:27:14 +1000
Organization: Seldom if ever
Message-ID: <39c99a31.52065@nancy.pacific.net.au>
Todd Johnston wrote in message <39C63D4D.37901352@spamisntneeded.com>...
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 13 - CIVIL RIGHTS
Now, I'm not even a US citizen, never mind a lawyer, but exercising my
regained SP Powerz(TM), I think I can make this post relevant to ars.
CHAPTER 13 - CIVIL RIGHTS (13, eh? Unlucky for some, especially members of the criminal alien-obsessed nut-cult called $cientology) You get no civil rights in $cientology.
§ 241. Conspiracy against rights. - Is something $cientology practices constantly § 242. Deprivation of rights under color of law. - Is something $cientology practices constantly § 243. Exclusion of jurors on account of race or color. - Is something $cientology would like to be able to do § 244. Discrimination against person wearing uniform of armed forces. - Is something $cientology would like to be able to do, but they'd be too scared.
§ 245. Federally protected activities. - Is something $cientology likes to claim, poor deluded criminal cult.
§ 246. Deprivation of relief benefits. - Is something $cientology practices constantly § 247. Damage to religious property; obstruction of persons in the free exercise of religious beliefs. - Is something $cientology whines about constantly. Da poo' widdle cult, boo-hoo.
§ 248. Freedom of access to clinic entrances. - Is something that $cientologists desperately need.
There. Is that better?
tam
Message-ID: <39C64262.BCE971F0@spamisntneeded.com>
From: Todd Johnston <hello@spamisntneeded.com>
Organization: America
Subject: URLs for CHAPTER 73 - OBSTRUCTION OF JUSTICE
Date: Mon, 18 Sep 2000 13:28:19 GMT
Available at http://www4.law.cornell.edu/uscode/18/ch73.html
United States Code =
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE =
PART I - CRIMES =
CHAPTER 73 - OBSTRUCTION OF JUSTICE =
CHAPTER 73 - OBSTRUCTION OF JUSTICE =
=A7 1501. Assault on process server. =
http://www4.law.cornell.edu/uscode/18/1501.html
=A7 1502. Resistance to extradition agent. =
http://www4.law.cornell.edu/uscode/18/1502.html
=A7 1503. Influencing or injuring officer or juror generally. =
http://www4.law.cornell.edu/uscode/18/1503.html
=A7 1504. Influencing juror by writing. =
http://www4.law.cornell.edu/uscode/18/1504.html
=A7 1505. Obstruction of proceedings before departments, agencies,
and committees. =
http://www4.law.cornell.edu/uscode/18/1505.html
=A7 1506. Theft or alteration of record or process; false bail. =
http://www4.law.cornell.edu/uscode/18/1506.html
=A7 1507. Picketing or parading. =
http://www4.law.cornell.edu/uscode/18/1507.html
=A7 1508. Recording, listening to, or observing proceedings of grand
or petit juries while deliberating or voting. =
http://www4.law.cornell.edu/uscode/18/1508.html
=A7 1509. Obstruction of court orders. =
http://www4.law.cornell.edu/uscode/18/1509.html
=A7 1510. Obstruction of criminal investigations. =
http://www4.law.cornell.edu/uscode/18/1510.html
=A7 1511. Obstruction of State or local law enforcement. =
http://www4.law.cornell.edu/uscode/18/1511.html
=A7 1512. Tampering with a witness, victim, or an informant. =
http://www4.law.cornell.edu/uscode/18/1512.html
=A7 1513. Retaliating against a witness, victim, or an informant. =
http://www4.law.cornell.edu/uscode/18/1513.html
=A7 1514. Civil action to restrain harassment of a victim or witness.=
=
http://www4.law.cornell.edu/uscode/18/1514.html
=A7 1515. Definitions for certain provisions; general provision. =
http://www4.law.cornell.edu/uscode/18/1515.html
=A7 1516. Obstruction of Federal audit. =
http://www4.law.cornell.edu/uscode/18/1516.html
=A7 1517. Obstructing examination of financial institution. =
http://www4.law.cornell.edu/uscode/18/1517.html
=A7 1518. Obstruction of criminal investigations of health care
offenses. =
http://www4.law.cornell.edu/uscode/18/1518.html
Available at http://www4.law.cornell.edu/uscode/18/ch73.html