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Legal Information
Possible Legal Charges for Inappropriate On-line Social Network Behaviors
NSU Student Code of
Conduct
The following code may
be applied to inappropriate behaviors:
* Unauthorized access,
use or misuse of University property including, but not limited to:
attempting to leave the library with library materials which have not been
properly borrowed; unauthorized use or misuse of computer equipment,
computer accounts, computer software and hardware; or misuse or University
telephones.
* Conduct deemed unlawful by the criminal
statutes of the Commonwealth of Virginia or the United States of America and
contact that endangers or threatens the security of the University
community.
§ 18.2-152.7:1. Harassment by computer; penalty.
If any person, with the intent to coerce, intimidate, or harass any person,
shall use a computer or computer network to communicate obscene, vulgar,
profane, lewd, lascivious, or indecent language, or make any suggestion or
proposal of an obscene nature, or threaten any illegal or immoral act, he shall
be guilty of a Class 1 misdemeanor.
(2000, c. 849.)
§ 18.2-417. Slander and libel.
Any person who shall falsely utter and speak, or falsely write and publish,
of and concerning any female of chaste character, any words derogatory of such
female's character for virtue and chastity, or imputing to such female acts not
virtuous and chaste, or who shall falsely utter and speak, or falsely write and
publish, of and concerning another person, any words which from their usual
construction and common acceptation are construed as insults and tend to
violence and breach of the peace or shall use grossly insulting language to any
female of good character or reputation, shall be guilty of a Class 3
misdemeanor.
The defendant shall be entitled to prove upon trial in mitigation of the
punishment, the provocation which induced the libelous or slanderous words, or
any other fact or circumstance tending to disprove malice, or lessen the
criminality of the offense.
(Code 1950, § 18.1-256; 1960, c. 358; 1973, c. 526; 1975, cc. 14, 15.)
§ 18.2-386.1. Unlawful filming, videotaping or photographing of another;
penalty.
A. It shall be unlawful for any person to knowingly and intentionally
videotape, photograph, or film any nonconsenting person or create any
videographic or still image record by any means whatsoever of the nonconsenting
person if (i) that person is totally nude, clad in undergarments, or in a state
of undress so as to expose the genitals, pubic area, buttocks or female breast
in a restroom, dressing room, locker room, hotel room, motel room, tanning bed,
tanning booth, bedroom or other location; or (ii) the videotape, photograph,
film or videographic or still image record is created by placing the lens or
image-gathering component of the recording device in a position directly beneath
or between a person's legs for the purpose of capturing an image of the person's
intimate parts or undergarments covering those intimate parts when the intimate
parts or undergarments would not otherwise be visible to the general public; and
when the circumstances set forth in clause (i) or (ii) are otherwise such that
the person being videotaped, photographed, filmed or otherwise recorded would
have a reasonable expectation of privacy.
B. The provisions of this section shall not apply to filming, videotaping or
photographing or other still image or videographic recording by (i)
law-enforcement officers pursuant to a criminal investigation which is otherwise
lawful or (ii) correctional officials and local or regional jail officials for
security purposes or for investigations of alleged misconduct involving a person
committed to the Department of Corrections or to a local or regional jail, or to
any sound recording of an oral conversation made as a result of any videotaping
or filming pursuant to Chapter 6 (§
19.2-611
et seq.) of Title 19.2.
C. A violation of subsection A shall be punishable as a Class 1 misdemeanor.
D. A violation of subsection A involving a nonconsenting person under the age
of 18 shall be punishable as a Class 6 felony.
(1994, c. 640; 2004, c. 844; 2005, c. 375.)
§ 19.2-152.10. Protective order in cases of stalking and acts of violence.
A. The court may issue a protective order pursuant to this chapter to protect
the health and safety of the petitioner and family or household members of a
petitioner upon (i) the issuance of a warrant for a criminal offense resulting
in a serious bodily injury to the petitioner, or a violation of §
18.2-60.3, (ii) a hearing held pursuant to subsection D of §
19.2-152.9, or (iii) a conviction for a criminal offense resulting in a
serious bodily injury to the petitioner, or a violation of §
18.2-60.3. A protective order issued under this section may include any one
or more of the following conditions to be imposed on the respondent:
1. Prohibiting criminal offenses that may result in injury to person or
property, or acts of stalking in violation of §
18.2-60.3;
2. Prohibiting such contacts by the respondent with the petitioner or family
or household members of the petitioner as the court deems necessary for the
health or safety of such persons; and
3. Any other relief necessary to prevent criminal offenses that may result in
injury to person or property, or acts of stalking, communication or other
contact of any kind by the respondent.
B. The protective order may be issued for a specified period; however, unless
otherwise authorized by law, a protective order may not be issued under this
section for a period longer than two years. A copy of the protective order shall
be served on the respondent and provided to the petitioner as soon as possible.
The clerk shall upon receipt forward forthwith an attested copy of the order to
the local police department or sheriff's office which shall, upon receipt, enter
the name of the person subject to the order and other appropriate information
required by the Department of State Police into the Virginia Criminal
Information Network system established and maintained by the Department pursuant
to Chapter 2 (§
52-12 et
seq.) of Title 52. Where practical, the court may transfer information
electronically to the Virginia Criminal Information Network system. If the order
is later dissolved or modified, a copy of the dissolution or modification order
shall also be attested, forwarded and entered into the system as described
above.
C. Except as otherwise provided, a violation of a protective order issued
under this section shall constitute contempt of court.
D. The court may assess costs and attorneys' fees against either party
regardless of whether an order of protection has been issued as a result of a
full hearing.
E. Any judgment, order or decree, whether permanent or temporary, issued by a
court of appropriate jurisdiction in another state, the United States or any of
its territories, possessions or Commonwealths, the District of Columbia or by
any tribal court of appropriate jurisdiction for the purpose of preventing
violent or threatening acts or harassment against or contact or communication
with or physical proximity to another person, including any of the conditions
specified in subsection A, shall be accorded full faith and credit and enforced
in the Commonwealth as if it were an order of the Commonwealth, provided
reasonable notice and opportunity to be heard were given by the issuing
jurisdiction to the person against whom the order is sought to be enforced
sufficient to protect such person's due process rights and consistent with
federal law. A person entitled to protection under such a foreign order may file
the order in any appropriate district court by filing with the court, an
attested or exemplified copy of the order. Upon such a filing, the clerk shall
forward forthwith an attested copy of the order to the local police department
or sheriff's office which shall, upon receipt, enter the name of the person
subject to the order and other appropriate information required by the
Department of State Police into the Virginia Criminal Information Network system
established and maintained by the Department pursuant to Chapter 2 (§
52-12 et
seq.) of Title 52.
Upon inquiry by any law-enforcement agency of the Commonwealth, the clerk
shall make a copy available of any foreign order filed with that court. A
law-enforcement officer may, in the performance of his duties, rely upon a copy
of a foreign protective order or other suitable evidence which has been provided
to him by any source and may also rely upon the statement of any person
protected by the order that the order remains in effect.
F. Either party may at any time file a written motion with the court
requesting a hearing to dissolve or modify the order. Proceedings to modify or
dissolve a protective order shall be given precedence on the docket of the
court.
G. Neither a law-enforcement agency, the attorney for the Commonwealth, a
court nor the clerk's office, nor any employee of them, may disclose, except
among themselves, the residential address, telephone number, or place of
employment of the person protected by the order or that of the family of such
person, except to the extent that disclosure is (i) required by law or the Rules
of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii)
permitted by the court for good cause.
H. No fees shall be charged for filing or serving petitions pursuant to this
section.
I. As used in this section, "copy" includes a facsimile copy.
(1997, c. 831; 1998, cc. 569, 684; 1999, c. 371; 2002, cc. 507, 810, 818;
2003, c. 730.).
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