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Threatened with defamation, among other things

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bobcat2011

Junior Member
What is the name of your state (only U.S. law)?
Virginia

Some friends and I have been accused, by a girl's grandfather, of taking her cell phone and sending picture and text messages to people in her contacts. The people who received the messages knew that another person had her phone and that she was not sending the messages. In a message from the grandfather he threatened us with defamation, larceny, and breaking and entering. He also went on to say how we could be expelled from school and have our college admissions revoked.

Correct me if I'm wrong, but to constitute breaking and entering do you not have to break into and physically enter a private building? As for the larceny, the girl's phone was returned by the end of the school day so she was not permanently deprived of possession.

What I am more concerned with is the defamation aspect. The messages in question were not excessively vulgar in nature nor did the pictures contain nudity. No one was under the impression that the girl was sending the messages.

One final note of importance is that the girl and everyone else involved is 18. Can her grandfather even take action in place of a legal adult? The girl is not upset in any way and would not consider taking action herself.
 
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cyjeff

Senior Member
You took something that didn't belong to you. That is theft even if you gave it back.

Then, you decided to add on the felony possibility of identity theft. I bet y'all thought it was REALLY funny.

How much laughing are you doing now?

Grandpa is wrong on the exact charges... but charges are certainly possible.
 

bobcat2011

Junior Member
I am aware that charges are possible and I'm not saying that we would be innocent if charges are brought up, I'm not stupid or delusional. Not trying to make this personal so asking me how much laughing is going on is off topic and unnecessary. Myself and the girl included, all of the people involved are in good standing at school and all have post-high school education plans and simply want to continue living as responsible adults. Only thing I'm wondering really is if this guy can do anything without her since she is an adult, she doesn't care in the least and will not pursue any legal action because it would be 100 percent unnecessary. Most people I know have had their phones taken and messed with in this manner, it's just something that kids will laugh about and move on but her grandfather decides it's his place to exacerbate the situation

EDIT: I talked to the grandfather myself and took responsibility, he accepted the apology so no need for further advice, thanks to anyone else who was going to help me out.
 
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cyjeff

Senior Member
I am aware that charges are possible and I'm not saying that we would be innocent if charges are brought up, I'm not stupid or delusional. Not trying to make this personal so asking me how much laughing is going on is off topic and unnecessary. Myself and the girl included, all of the people involved are in good standing at school and all have post-high school education plans and simply want to continue living as responsible adults.
Then why are you playing with someone else's stuff that doesn't belong to you?

Only thing I'm wondering really is if this guy can do anything without her since she is an adult, she doesn't care in the least and will not pursue any legal action because it would be 100 percent unnecessary. Most people I know have had their phones taken and messed with in this manner, it's just something that kids will laugh about and move on but her grandfather decides it's his place to exacerbate the situation
Anyone can report a crime.

Again, how funny is this now? You say, on one hand, that you are a responsible adult and, on the other, that "its just something that kids laugh about."

What are you, six?

EDIT: I talked to the grandfather myself and took responsibility, he accepted the apology so no need for further advice, thanks to anyone else who was going to help me out.
You dodged a bullet. But grandpa has at least a year. Be very nice to this person.
 

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