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These options are built into the instant messaging program itself and the computer in general.
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In a prosecution of defendant for using computer services in a manner prohibited by the law, although a police officer intercepted a communication made by defendant, the officer did not violate the statute prohibiting wiretapping and eavesdropping because defendant implicitly consented to the recording of the communication; thus, the trial court properly allowed the State to introduce this recorded evidence. The defendant then arranged to meet "Kimmiesue87" at the State Liquor Store in Portsmouth. The court agreed with the lower appellate court's reasoning: A person sends an e-mail message with the expectation that it will be read and perhaps printed by another person. We conclude that, although Warchol intercepted a communication, he did not violate RSA chapter 570-A because the defendant implicitly consented to the recording of the communication.
As the officer recorded defendant's telecommunication with his computer and/or computer instant messaging program, electronic devices that can be used to record a conversation, his action fit perfectly within the statutory definition of "intercept." RSA 570-A:1, IV. The defendant, Christopher Lott, was convicted of one class B felony count of using computer services in a manner prohibited by the law. Nadeau, J.) denying his motion to suppress evidence that he contends had been obtained by the State in violation of RSA 570-A:2 (2001) (amended 2002, 2003, 2004), which prohibits wiretapping and eavesdropping. On May 13, 2002, Detective Frank Warchol signed on to "Yahoo! IM), posing as a fourteen-year-old girl with the screen name "Kimmiesue87." Warchol entered an "internet chat room" (chat room) and quickly received a private instant message from the defendant, who was using the screen name "Chris8in2002875." The defendant directed the conversation toward sexual acts, sent a "web-cam" photo of himself and solicited "Kimmiesue87" for sex. As we noted above, "the [chat] window, while open, contains a complete history of all messages sent and received during the online conversation." Bouse, 150 S. While it provides immediate access to victims who might not otherwise be within the perpetrator's reach, it also provides a paper trail of evidence to prosecute that person should the intended recipient of the instant message communication choose to turn the evidence over to the police.When a person sends an instant message to another person online, that message is transmitted instantaneously to the recipient, opening a [chat] window that allows both parties to see the message and to respond immediately. The [chat] window, while open, contains a complete history of all messages sent and received during the online conversation. When reviewing a trial court's ruling on a motion to suppress, we accept the trial court's findings unless they lack support in the record or are clearly erroneous. My primary focus is on substance use/misuse, recovery, and any related mental health issues, as well as exploring coping skills, and anger/emotional management.I feel that clients deserve an empathetic therapist that will work closely with them to find strength to overcome life's obstacles.""I work with clients from various backgrounds with the belief that people can make the changes in their lives if they have the support and tools to do so.
Our review of the trial court's legal conclusions, however, is de novo.