Is it illegal to deliberately send flashing images to someone that you know has photosensitive epilepsy?

I don’t think it’s illegal but if you want to get a gang together to kick his ass, count me in.

That is illegal, @Ron_C.

But count me in too.

I can easily believe that this kind of behavior could be considered harassment.

Have her go to police and request a restraining order for stalking.

Could be negligence or attempted assault.

@rebbel thanks for the support but under which law is it illegal?

I would think it would fall under harrassment. But why look into it when a good sock party is quicker and easier.

@Ron_C Gangkicking someone’s ass?
That sounds like aggravated assault to me, which is illegal.

I agree that she can do something about the “harassment,” legally. I just wonder if it can’t be taken a step further, somehow. I mean, this is clearly intended to be harmful. Seizures are not a joke.

@ANef_is_Enuf She might try a civil suit. I think a jury would see it her way if she sued for damages. It’s a long drawn out process though.

If she’s tried politely asking the person “Please stop sending me these things, because I have a serious medical condition which these flashing images trigger”, and that hasn’t worked, then elevating to a restraining order would be a logical step.

But if the person doesn’t in fact know anything about photosensitive epilepsy, or doesn’t know that your friend has it, or doesn’t know that it’s triggered by flashing images or doesn’t know of the effect of the images on your friend… then he needs to be educated. To most of us those images are no worse than “annoying”. If the sender doesn’t understand how debilitating they can be to your friend or others with this condition, then perhaps he’s no worse than “an insensitive clod” and not an actual villain.

When I see these types of questions I really wonder about the “villainy” of the people who are the subject of the question. You haven’t made a case for it here.

If he understands exactly what he’s doing when he sends these images, then he may be guilty of assault – provided you can make the police and prosecutor understand the same thing. If you can prove malicious intent, then you can make a case for assault.

@CWOTUS he knows, it really is deliberate. I don’t know how you want me to “make a case,” I’m not going to post the details of the situation on Fluther… but this person is aware of her condition, and is harassing her along with the images. He is going out of his way to send them to her, as well. Making fake accounts, sending to places where he knows to contact her, even going so far as to pose as her sister to trick her into opening messages containing these images.
It isn’t like “oops” forwards, or innocently posting stuff without realizing it could be dangerous.
That’s what I was wondering. Thanks very much.

@ANef_is_Enuf If he is “assuming the identity“of the sister that is Identity Theft. The sister could and should follow-up. Contact the local police department with the copies of that, I hope she is saving, prove he stole her sister’s ID or also contact his ISP or e-mail account to info them of the stalking and malicious actions.

@Tropical_Willie not literally, he pretended to be her on Facebook. Made an account with her name, etc. Is that illegal?

Contact Facebook, I think that will be the last time he uses FB.

@Tropical_Willie good point. Thanks much.

That is awful. Definitely she could seek a restraining order as some have mentioned. I guess actually I would first call the police and see if they will show up at his house and scare the crap out of him. If he doesn’t let up I would talk to a lawyer.

Since she clearly hasn’t been successful in blocking this person from her emails then she should take her computer and go to the police to report harassment. It might help for her to ask her doctors ahead of time to be available to the police for reference and confirmation so the police know how seriously she feels.

Don’t know but it should be.

@Simone_De_Beauvoir that’s what I’m saying. I agree.

I think I heard not very helpful, that that the using of technology to deliberately cause physical harm is illegal. I’m thinking there was a case that of course I can find no reference to whatsoever…damn about someone using an airhorn over the phone to discourage a collection call, and damaged the hearing of the caller. Crap. Wish I could find that.

@JilltheTooth oh my gosh!! That had to be awful.

Thanks, @ANef_is_Enuf. Okay, “for Fluther purposes” you’ve made the case: it’s deliberate, it’s malicious, and it’s done with knowledge of the effect that it has or can have on the intended target. Now she needs to make out a police complaint, since his practice of making false accounts has leapfrogged past the point where “restraining order” might be effective.

She should create copies of the offending messages, links, files, etc. (you or someone else unaffected by the message content will need to help her, obviously), and probably take those, along with a statement from a physician or psychiatrist about the medical effects, to the police to commence an investigation and/or prosecution. Be sure to point out the way he’s spoofing message headers from others and creating the false IDs. That points to his deliberate intent.

Sensible people will be deterred when the police start the investigation and make an initial contact with the harasser. Beware if this guy is too far past “sensible”.

Good luck to your friend.

@CWOTUS thanks very much!

I think it can be considered assault since his intentions is physical harm. If you wave a bat or a gun at someone and you miss them than it is still considered assault. He is basically doing just that. If she has a seizure and falls and harms herself because he is purposely doing it than it is assault.
@CWOTUS has some good points on what she should do.
Here’s a clip about assault that I found on the internet.

What is Criminal Assault?
State legislatures and Congress define what constitutes crimes, including assault. This means that what may constitute assault in one state may be different from what constitutes assault in another state. If you would like to know the specific definition of criminal assault in your state, you should consult a criminal defense law firm in your area.

Assault can occur even if no one is actually physically harmed. Rather, assault occurs when someone threatens harm. This threat of harm must be intentional.

Examples of assault include swinging a baseball bat at someone but not hitting them, waving your fist at someone without making contact, and pointing a gun, loaded or not, at someone, while they are aware that you are pointing a gun at them.

There are some acts that may cause someone to feel threatened that do not constitute criminal assault. For example, telling someone that you plan on causing him or her harm at a later time is not assault. Neither is pointing a gun at someone who is not aware that a gun is being pointed at him or her.

Aggravated assault is a specific type of assault that occurs when someone commits assault and actually intends to cause serious bodily harm or succeeds in causing serious bodily harm. Aggravated assault is usually committed with a dangerous weapon.

He is intending her physical harm.

@Pandora thank you, very helpful.