Should online dating websites begin screening their users for previous sex crimes?  And if yes, should the screening also be extended to other crimes including DUI and domestic violence?  San Diego criminal defense attorneys are asking these questions after a California woman filed a civil lawsuit suing Match.com, asking it to screen out sex offenders.

The woman had met a man on Match.com, and went out on two dates with him.  Unknown to her, he had two prior convictions for sexual battery in Los Angeles County.  The man followed her home and sexually assaulted her.  She is now suing Match.com, and asking the company to include screenings for users of the dating website.  According to the woman's attorney, the suit is calling on online dating websites to voluntarily include a screening process that automatically disqualifies people who have a history of sexual assault.  The lawsuit is also seeking a temporary injunction that would prevent Match.com from signing up more members until the woman's demands are met. 

There are several problems that San Diego internet crime defense attorneys will have with the woman’s demands.  For instance, under the kind of perverse sex crime laws that we have in California and across the country, even a high school student convicted of sending or receiving nude pictures of classmates on a cell phone, could be convicted as a sex offender.  In other cases, persons involved in so-called Romeo–Juliet relationships, where one person is above the age of 18, while the other is not, could also be charged and convicted successfully.  These persons would automatically be disqualified from any dating website, if such rules requiring screening, are implemented.

Moreover, people convicted of sex crimes already face a lot of problems reintegrating into society.  There are restrictions on where they live, and they must inform local authorities about any change of residence.  The need of the hour is to facilitate integration, not prevent it.  Besides, nothing could prevent other people from demanding screening for everything, from DUI and domestic violence to a bounced check.  This would set a dangerous precedent.

 

A new California law that just went into effect on January 1st of this year
now makes it a crime to impersonate someone through the internet. If you
were thinking about opening an e-mail account, facebook, twitter or some
other form of social networking account under another person's name, you
should be aware that under California law you will now be committing a
crime. The law reads as follows:

Cal Pen Code § 528.5: Impersonation through Internet Web site or by other
electronic means proscribed; Punishment

(a) Notwithstanding any other provision of law, any person who knowingly and
without consent credibly impersonates another actual person through or on an
Internet Web site or by other electronic means for purposes of harming,
intimidating, threatening, or defrauding another person is guilty of a
public offense punishable pursuant to subdivision (d).

(b) For purposes of this section, an impersonation is credible if another
person would reasonably believe, or did reasonably believe, that the
defendant was or is the person who was impersonated.

(c) For purposes of this section, "electronic means" shall include opening
an e-mail account or an account or profile on a social networking Internet
Web site in another person's name.

(d) A violation of subdivision (a) is punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.

(e) In addition to any other civil remedy available, a person who suffers
damage or loss by reason of a violation of subdivision (a) may bring a civil
action against the violator for compensatory damages and injunctive relief
or other equitable relief pursuant to paragraphs (1), (2), (4), and (5) of
subdivision (e) and subdivision (g) of Section 502.

(f) This section shall not preclude prosecution under any other law.

Should you have any questions about this, or other types of electronic
criminal conduct, please feel free to contact me.