Case StudiesComputer CrimesMackey v. Commonwealth

Computer Crimes Case Study

Mackey v. Commonwealth

📍 Virginia Court of Appeals📅 2015⚖️ Virginia Code § 18.2-152.7:1

Legal Issue

Whether the defendant's harassment of the alleged victim through a fake social media profile constituted harassment by computer.

Court Holding

The court affirmed the harassment by computer conviction, finding that the defendant's creation of a fake social media profile to harass the alleged victim — including posting false and humiliating information — constituted harassment by computer under § 18.2-152.7:1. The court held that the statute applies to harassment conducted through social media.

Defense Takeaway

Harassment by computer through social media is increasingly prosecuted in Virginia. D.J. Rivera challenges these cases by scrutinizing the attribution of the fake profile to the defendant, the context of the communications, and whether the communications constituted harassment rather than protected speech.

Relevant Virginia Law

This case involves § 18.2-152.7:1 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.

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