California Penal Code Section 653m on Criminal Harassment With Intent to Annoy: Report on Unwanted Illegal Contacts by Fascist Hate-Blogger Walter James Casper III

As promised, I reported Walter James Casper III to the Irvine Police Department yesterday. The officer I spoke with indicated that Casper's actions are serious, potentially criminally actionable offenses under Section 653m of the California Penal Code, which states:

a. Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith.

b. Every person who makes repeated telephone calls or makes repeated contact by means of an electronic communication device with intent to annoy another person at his or her residence, is, whether or not conversation ensues from making the telephone call or electronic contact, guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith.

c. Every person who makes repeated telephone calls or makes repeated contact by means of an electronic communication device with the intent to annoy another person at his or her place of work is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both the fine and imprisonment. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith.

The police found Casper to be harassing, although he's just short of being criminally implicated under California Penal Code Section 646.9, as discussed at my previous entry, "California Penal Code Section 646.9 on Criminal Harassment and Cyberstalking: Statement of Warning to Hate-Blogger Walter James Casper III. In fact, Casper's deranged actions are literally at the limits of legality under the law. Upon review of the evidence presented, the officer suggested that in her experience people like this are indeed highly dangerous and mentally unstable. In fact, the officer suggested that Casper was basically a dirtbag and a loser and wondered if someone like this was worth my time. She said that Casper was "beneath me." I said she had a point --- Casper IS a scuzzy racist sleazebag --- although I then further explained that Casper is the publisher of a hate blog whose co-bloggers and commenters have engaged in campaigns of workplace harassment and intimidation against me (and my family, since workplace attacks are threats to my family's economic livelihood). Given that, she said she understood why I wouldn't let a pattern of despicable intimidation such as Casper's slide by without challenge. Indeed, the officer indicated that Casper's unwanted communications --- communications through the Blogger commenting system, and especially those sent by e-mail after having been warned to cease and desist --- were potentially substantive violations of Penal Code Section 653m, cited above. The key qualifying factor here is Casper's pattern of persistent harassing and annoying contacts AFTER THE HARASSER HAS BEEN TOLD TO CEASE. At this point, while I issued a formal complaint against Casper, I agreed with the officer to hold off on opening a criminal investigation until the complaint process through Google has been exhausted.

Thus, I will be continuing my communications with Google in order to obtain action against Casper to desist from harassing me at the blog and by email.

It's also interesting to note the police department's reaction to Casper's comments after he was banned from American Power:

"As long as Donald Douglas is posting a public blog that accepts comments, I'm going to continue to comment on what he posts, whenever and wherever I choose. He's welcome to delete anything and everything I contribute to his blog if he so chooses -- it is his blog, after all -- but that won't stop me from making the contribution in the first place, and pointing out every cowardly deletion he makes (on my blog, I mean), as well."

I first showed these comments to the officers at the reception, as well the harassing emails Casper has sent me personally. The reception personnel then contacted the officer I spoke with, and I then filed the complaint. The officer and I also discussed strategies to deal with people like Casper who hide and harass under free speech protections to cause emotional and physical distress to their targets. I will be following up with her as soon as I know more from Google.

I will also be expanding the investigation on workplace harassment and intimidation with the Long Beach Police Department. In previous discussions with LBPD the possibility of restraining orders was raised with respect to outside complaints. I will be investigating what the LBPD will recommend regarding Walter James Casper III. Particularly, I will be indicating that it was his blog that first published my workplace information with the intent to harass and intimidate, and I will be indicating that Casper has continued to attempt to cause substantial emotional distress by making contacts to me that serve no legitimate purpose --- contacts that I have explicitly and repeatedly told Casper not to make. I will update on this further.

So until then, I am once again reiterating my demand to Walter James Casper III: Stop contacting me. Such contacts are in violation of the law, for you have been told to stop. Do not comment on this blog. You are banned. And cease and desist from further contacting me by email. You are in violation of California state law and continued contacts by you will be placed on file with the appropriate law enforcement authorities and I will continue to notify Google of your intent to annoy and cause emotional and physical distress.