ELECTRONIC COMMUNICATION CRIMES

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

Unfortunately, in today’s political and social climate, many statements are made that could be of a criminal nature through social media outlets such as Facebook and Twitter.  I think we would all find it beneficial to review some of the potential criminal statutes that may apply to statements made in social media.

First, Harassing Communication is a Class B Misdemeanor that may apply to electronic communications.  This crime occurs when a person “with the intent to intimidate, harass, annoy, or alarm another person communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of electronic or written communication in a manner which causes annoyance or alarm and serves no purpose of legitimate communication.” 

Second, the crime of “Harassment” may also be applicable as a person is guilty of “Harassment” when, with intent to intimidate, harass, annoy, or alarm another person, he or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person, and which serve no legitimate purpose.

Third, a communication could be considered as part of the crime of Menacing, also a Class B Misdemeanor which occurs when someone intentionally places another person in reasonable apprehension of imminent physical injury.     

Lastly, a communication could be considered Terroristic Threatening third degree, which is a Class B Misdemeanor and occurs when a person threatens to commit any crime likely to result in death or serious physical injury to another person or likely to result in substantial property damage to another person.

In many instances, an electronic statement or communication does not rise to the level of these criminal activities because they are (1) generalized statements or (2) do not rise to the standard defined by statute of annoyance or alarm.   In reviewing such communications, the prosecutor and courts must analyze each statement specifically as to what words were used, in what order, the words’ common meaning and in the context of other statements.

Regardless, we should all be vigilant not to engage in electronic communications that would require scrutiny for criminal activity.  In earnest, we should take the time to review and consider the impact on the statements made on social media and how they will impact others before publishing the statement or comment. 

If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.org, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.

ABANDONED VEHICLES

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

Unfortunately, a common problem in rural areas is that land owners who recently purchase property find abandoned and junk vehicles on the property they recently purchased.   This problem usually comes to the attention of the property owner when they inspect the property or through a local code enforcement officer because local ordinances limit the number of abandoned vehicles you may have on your property. 

The rules do vary from city to city and county to county as to how many abandoned or junk vehicles you may have on your property, if any.  However, in most scenarios trying to remove the vehicles can be an issue because the abandoned vehicle is not in the current or new land owner’s name.

The simplest way to solve this problem is to have a car towing, storage or junk company come and tow the vehicle.  Chapter 376 of Kentucky Statute then allows the towing, storage or junk company to place a lien on the vehicle and eventually auction it off to recover the company’s cost incurred.

This resolves the problem for the land owner, but the actual or last known owner of the abandoned vehicle will still be responsible for excess fees and costs owed as a result of the vehicle being towed and stored.   

Alternatively, and frankly a little less practical, the only other remedy for a property owner to obtain title of an abandoned vehicle on his or her property would be to file a declaratory judgment suit in the County where the vehicle is located.  In such a lawsuit, the landowner would ask the court to declare the vehicle abandoned and name the land owner as the new owner because of where the abandonment of the vehicle occurred.  I would always recommend retaining counsel to assist in this process as it can quickly become complex.  Once a judgment is entered, the property owner would have to complete a form with the Department of Transportation, pay the necessary taxes and fees, and submit a copy of the judgment to obtain a new title for the abandoned vehicle.

If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.org, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.