:space
:vision
do not step out
:wire
twitter.com/mikeysan
head for an eye
10/Apr/2005 | 23:00

A Loudon County, VA court has put a major spammer in jail for nine years.

This is where I jump up and shout how awesome that is, right? He deserves it! I mean, just look at that photo! What a sleazeball. Only nine years? Why not twenty-five? One day for each piece of spam he sent!

Actually, I'd rather look at what his sentence can be compared to:

> In Virginia, the murder of an individual during the commission of a felony robbery without the premeditated intent of murdering an individual requires only a minimum of five years imprisonment. (Code of Virginia, § 18.2-33[1][1] § 18.2-33. Felony homicide defined; punishment.

The killing of one accidentally, contrary to the intention of the parties, while in the prosecution of some felonious act other than those specified in §§ 18.2-31 and 18.2-32, is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five years nor more than forty years.
)

> Single counts of rape[2][2] § 18.2-61. Rape.

A. If any person has sexual intercourse with a complaining witness who is not his or her spouse or causes a complaining witness, whether or not his or her spouse, to engage in sexual intercourse with any other person and such act is accomplished (i) against the complaining witness's will, by force, threat or intimidation of or against the complaining witness or another person, or (ii) through the use of the complaining witness's mental incapacity or physical helplessness, or (iii) with a child under age thirteen as the victim, he or she shall be guilty of rape.
in Virginia also carry only a minimum of five years imprisonment. (Code of Virginia, § 18.2-61[3][3] § 18.2-61. Rape.

C. A violation of this section shall be punishable, in the discretion of the court or jury, by confinement in a state correctional facility for life or for any term not less than five years. There shall be a rebuttable presumption that a juvenile over the age of 10 but less than 12, does not possess the physical capacity to commit a violation of this section. In any case deemed appropriate by the court, all or part of any sentence imposed for a violation of subsection B may be suspended upon the defendant's completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1 if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness.
)

> Collect 'em all: As it turns out, kidnapping is a fairly ho-hum crime here, it seems. One year minimum, ten year maximum. In theory, I'd have to kidnap a classroom to get a tougher sentence than nine years. (Code of Virginia, § 18.2-47[4][4] § 18.2-47. Abduction and kidnapping defined; punishment.

A. Any person, who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes the person of another, with the intent to deprive such other person of his personal liberty or to withhold or conceal him from any person, authority or institution lawfully entitled to his charge, shall be deemed guilty of "abduction"; but the provisions of this section shall not apply to any law-enforcement officer in the performance of his duty. The terms "abduction" and "kidnapping" shall be synonymous in this Code. Abduction for which no punishment is otherwise prescribed shall be punished as a Class 5 felony.
)

Now, it wasn't a single count of "spamming" that got this guy nine years. He had been, according to news reports, masking his sending identity and pushing bunk products (v14gr4, anyone?) on his "victims"—in quotes because the word "victim" in his targets' cases somehow rubs me wrong after having cited the Code of Virginia article on rape—and was punished within the letter of the law itself.

But really, what's worse for a society: raping and murdering, or unsolicited e-mail? It kinda reminds me of the federal sentencing guideline differences for possession of powder cocaine vs possession of rock crack.

Now, if you'll excuse me, I've got some kids to hijack from the swingset down the street.

4 Comments:

Clearly Virginia is the place to go if you wanna kill, rape, or kidnap.

Remember to pillage before you burn.

posted by doughnut on April 10, 2005 at 23:18

Rape? She can't say no if you don't ask.

posted by mikey-san on April 11, 2005 at 00:27

Wow. . . good thing I got out while I did then huh?

Any movement on the "underwear law"?

posted by dragos on April 13, 2005 at 14:46

How would I know? I'm not wearing any underwear.

posted by mikey-san on April 13, 2005 at 17:11