If a death occurs as a direct result of a felony...

[mdlbear]

... isn't that considered murder?

Suicide of Rutgers University Freshman Tyler Clementi... (via ebonypearl and others)

Under New Jersey's invasion-of-privacy statutes, it is a fourth degree crime to collect or view images depicting nudity or sexual contact involving another individual without that person's consent, and it is a third degree crime to transmit or distribute such images. The penalty for conviction of a third degree offense can include a prison term of up to five years.

No, this is not a "prank".

Comments

[dejla.livejournal.com]

No, absolutely not. But I think some college students have lost the idea of privacy. And there may have been homophobia at play here, too.

[ravan.livejournal.com]

May???

[dejla.livejournal.com]

At the time I wrote the comment, I had no evidence. Circumstantially, I agree, it looked like homophobia. With the further information we're getting, I agree it was homophobia.

I just don't like to accuse people of things unless I have something to back me up.

Felony murder rule

[idea-fairy.livejournal.com]

There is the so-called "Felony murder rule", but according to

http://en.wikipedia.org/wiki/Felony_murder_rule

it may not apply here. It may apply only to violent felonies or those reasonably likely to result in death. Also, not all juridictions have the rule.

I'm not a lawyer, and even if I were I'm not in New Jersey, so take this with a grain of salt.

[rowanf.livejournal.com]

What an awful story. So so sad.

[pocketnaomi.livejournal.com]

It's a nice theory to try to attach it to the felony murder concept, but it won't fly. Suicides have never counted under that rule.

It's still a goddamn tragedy, and I hope that the people who did it get jail time for the original offense, and rot in there. I can't legally slap more time on them because their victim died, but I sure can personally wish them the hardest time in prison that anybody ever had.

[saffronrose.livejournal.com]

Internet harrassment?

[selkit.livejournal.com]

A friend of mine posted similarly on this one, on how gay and lesbian individuals can help support and avoid these kind of tragedies. I do agree-- this is not a suicide, this is an indirect murder stemming from what would have been forced outing, ostracization and related consequences in a society that as of yet is still far too homophobic for its own good. While there are no statutes in law that would declare this incident directly a murder, frankly? Any judge worth their salt, will find some way to throw the book at the perpetrator.

Privacy is privacy, and respect is respect. Death, similarly, is death, and it always has a cause.

[jenk]

I'm not sure it was intended as a forced outing. Agreed it is an invasion of privacy (and depending on jurisdiction distribution of pornography) but it is possible the roommate thought Tyler Clementi was already out.

[tagryn]

Intent to kill would be difficult to prove in this case, as far as I've read there wasn't any, so it'd be manslaughter at best (with standard IANAL disclaimers). Even a manslaughter charge would be very debatable. It reminds me of the Megan Meier case in terms of Internet harassment leading to the suicide of the subject, for which the accused in that case served no jail time and was eventually acquitted. Probably invasion of privacy is the most serious charge the two defendants can be indicted on, assuming the prosecutor can compile enough evidence to bring charges.

[saffronrose.livejournal.com]

I think it is murder, and accessory to suicide. The family could also sue for wrongful death and invasion of privacy.