The story starts from a tragedy: a 13 years old girl, Megan, committed suicide after allegedly receiving a dozen of cruel messages from a “friend” she made in MySpace, who did not really exist and was probably created by an adult neighbour to find out what the deceased girl was saying about her daughter. After the fictional boy, Josh, decided to break-up “his” relation with Megan and a discussion between the girl and her mother, Megan went upstairs in her home and hung herself using a belt.
1) By knowingly communicating with another person who is, or who purports to be, seventeen years of age or younger and in so doing, and without good cause, recklessly frightens, intimidates, or causes emotional distress to such other person; or
2) By engaging, without good cause, in any other act with the purpose to frighten, intimidate, or cause emotional distress to another person, cause such person to be frightened, intimidated, or emotionally distressed, and such person's response to the act is one of a person of average sensibilities considering the person's age.
We will have to wait what judges decide regarding some thin-skull principles, but the law seems to exclude this rule by making clear and express reference to a “person of average sensibilities considering the person’s age", and the girl Megan had history of depression, which would put her well outside of being of “average sensibility”…
But the adult neighbour is still being charged, in