Alabama Code 13A-11-8

Recently an online adjudicated harasser has threatened this blog with Alabama Code 13A-11-8.  So I thought readers here at Running Wolf Blog would like to take a look at the code of Alabama as it pertains to 13A-11-8.

Running Wolf Blog will step through the code in question, and see where this blog may be vulnerable.  The code has two parts, general harassment and online communication harassment.  We will go through the first part now.

13A-11-8, in the general harassment has several sections.  The first section (13A-11-8-a) states as follows:

Harassment or harassing communications.

(a)(1) HARASSMENT. A person commits the crime of harassment if, with intent to harass, annoy, or alarm another person, he or she either:

a. Strikes, shoves, kicks, or otherwise touches a person or subjects him or her to physical contact.

13A-11-8-a of the Alabama Code

Since no person associated with Running Wolf Blog has ever been in the physical presence of the individual threatening Running Wolf Blog, it is impossible for anyone associated with Running Wolf Blog to be guilty of anything under this clause.

b. Directs abusive or obscene language or makes an obscene gesture towards another person.

– 13A-11-8-b of the Alabama Code

Again, since no person associated with Running Wolf Blog has ever been in the physical presence of the individual threatening Running Wolf Blog with this particular section of the Alabama Code, it is hard to imagine how an obscene gesture has been made against the individual.  As for abusive or obscene language, Running Wolf Blog claims first amendment protection for the phrase “fuck you” and believes that such  language is protected speech under the constitution.

(2) For purposes of this section, harassment shall include a threat, verbal or nonverbal, made with the intent to carry out the threat, that would cause a reasonable person who is the target of the threat to fear for his or her safety.

(3) Harassment is a Class C misdemeanor.

– 13A-11-8-b2-3 of the Alabama Code

Running Wolf Blog has never made a threat against anyone, including the individual threatening this blog under this statue.  If anyone can find any credible threat made on this blog, Running Wolf Blog is more than willing to issue an immediate retraction and apology.

The second section of 13A-11-8 deals with “Harassing Communication.

(b)(1) HARASSING COMMUNICATIONS. A person commits the crime of harassing communications if, with intent to harass or alarm another person, he or she does any of the following:

a. Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written or electronic communication, in a manner likely to harass or cause alarm.

– 13A-11-8-b1 of the Alabama Code

The Running Wolf Blog has not contacted the person interested in charging the blog with Harassment in any means unless requested by the individual.  Running Wolf Blog has kept all communications with the individual to only two mediums; comments on this blog or @mentions on twitter.  Seeing as how the individual wishing to press charges against this blog has argued, repeatedly and consistently that @mentions on twitter is not contact, Running Wolf Blog is confidant that a court of law, specifically a criminal court, will not find that this blog has violated this measure of the statue.  Even if the individual could persuade the District Attorney that despite the individuals repeated claim that @mentions on Twitter do not constitute contact, this blog is confident that no contact, even through @mentions, violates this clause of the statue.

b. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication.

– 13A-11-8-b1-b of the Alabama Code

Running Wolf Blog has, at no time, ever used the telephone to contact the individual seeking charges against this blog.  There is no way this blog could have violated this clause of the statue.

c. Telephones another person and addresses to or about such other person any lewd or obscene words or language.

Nothing in this section shall apply to legitimate business telephone communications.

(2) Harassing communications is a Class C misdemeanor.

– 13A-11-8-b1-c and 13A-11-8-b1-2 of the Alabama Code

Again, since this blog has never used the telephone to contact the individual wishing to press charges against this blog, it is unclear how these clauses of the statue partain to the Running Wolf Blog.

Running Wolf Blog admits at this point in time that if the individual wishing to press charges against this blog does, in fact, press charges, the individual behind Running Wolf Blog will put up absolutely no defense against the charges with the arresting officers.  Should an arrest warrant be issued, Running Wolf Blog, and specifically Michael Malone, will turn himself in to the Huntsville Police and/or the Madison County Alabama Sheriff on the warrant.  Running Wolf Blog will, at the time of the arrest, exert his full 5th Amendment right to silence and his 6th amendment right to a speedy trial.  Should such charges be brought against this blog, Running Wolf Blog looks forward to the trial by jury during which this blog will continue to express our 5th Amendment right to silence, and look forward to our 6th Amendment right to face our accuser and ask questions designed to discredit the prosecution’s witness.  In fact, Running Wolf Blog looks forward to questioning the witness before a jury with great relish.  Running Wolf Blog cautions the individual threatening such charges to think long and hard on the result such charges will incur, and the fact that pressing charges against this blog opens the individual to the Jurisdiction of the State of Alabama.  Running Wolf Blog encourages the individual considering said charges to contemplate the possible outcomes of the comments left here on this blog in addition the the various twitter @mentions the individual in question has made along with the very real threat the individual has made to cause Running Wolf Blog to fear for it’s safety after the significantly failed doxing perpetrated against the proprietor of this blog.  Running Wolf Blog hopes that the individual in question will reconsider his stated actions, for the individual’s own sake.

As always, Runnig Wolf Blog appreciates the readers and supporters of this blog, and looks forward to future communications and reports on the actions of any individual this blog finds news and/or noteworthy in the future.

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9 thoughts on “Alabama Code 13A-11-8

  1. Heh. Chapter and verse. Didn’t see aggravated butthurt as a chargeable offense under this statute.

  2. Very nice analysis except for one aspect. Bill Schmalfeldt’s opinions on whether @mentions on Twitter constitute contact should not, and almost certainly will not, bind any court in the land. In fact, one court has already RULED that his opinion is legally wrong. Bill Schmalfeldt’s confidence that Maryland’s States Attorney agrees with him did not cut any ice even in a Maryland court; I doubt a court in Alabama will be more impressed.

    The unknown source of BS’s legal theories has been dubbed by some as Acme Law (though personally I believe this title defames Wile E. Coyote). My advice is to avoid relying on Acme Law, particularly if they are not known to be licensed to practice law in Alabama. If legal fees are a problem, I know a nice neighborhood bar where the advice is free and several regulars have extensive experience with the courts.

    Regardless of law, I would construe a threat to sue over @mentions as a request to cease making them. Being a courteous sort who greatly dislikes being sued, I for one would comply with that inferred request. That action would have the added benefit of reducing the number of occasions on which my mind would have to consider the fool, an admittedly extra-legal but very weighty benefit for people who are decent or sane.

    • The problem is, he wishes to file for harassment, a charge that is very hard to prove because of the nebulous nature of the statue. It’s all about what the alleged victim finds harassing. While I agree that @mentions are contact (and I’ve @mentioned him once or twice that wasn’t a reply to an @mention from him) having him get on the stand and reading to him everything he’s said about @mentions since the peace order hearing will make his case of harassment weaker. But I have taken what he is calling his C&D order seriously. I shall not be @mentioning him at all anymore, for any reason. Since he has absolutely nothing but the content of my blog anyway, I shall retreat behind the first amendment and see what he has to do.

      • I figured you would do so. My comment was pretty much tongue in cheek; mocking his behavior is almost a civic duty.

        In any case, the tiny little distinction that BS failed to notice in Mr. Hoge’s successful pursuit of an order against BS was that Mr. Hoge had first asked that contact cease. Someone said recently that the only standards that team Kimberlin has are double standards.

  3. And, the harassment and threats continue courtesy of Team Kimberlin. *sigh*

    I know you and I have had a few differences of opinion, Michael, however, I was quite sincere when I wished you well over at Hogewash!. You have my sympathy as you are forced to face a threat of lawfare courtesy of your investigation into the anti-social actions and behaviors of Bill Schmalfeldt.

    As always… my hope and prayers are that justice may prevail. Godspeed.

    • I suspect that if we sat down over a cup of coffee and talked like human beings, we’d have fewer differences of opinion than we might think, and those that we do have we can chalk up to being political and unimportant to human interrelations.

      I appreciate your sympathy, hope and prayers.

      • I couldn’t agree more, Michael.

        You most certainly have my continued prayers. Keep fighting the good fight.

  4. Pingback: Am I getting a visit from a serial twitter from Maryland? | Running Wolf

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