Indecent Exposure

What is the name of your state? Maryland

I operate a forum like this (but a different topic). Someone posted a message describing an incident of indecent exposure on the forum. The poster was the perpetrator.

Iwould like my posters to have the privacy to post all kinds of stuff, but I don't want to get them in trouble with the law. It's a sexual health oriented support forum.

Is it OK for posters to post about crimes (specifically indecent exposure) that were committed by them in the past? Is it OK for my forum to publish the posts?

Richard

richard123 said:

What is the name of your state? Maryland

I operate a forum like this (but a different topic). Someone posted a message describing an incident of indecent exposure on the forum. The poster was the perpetrator.

Iwould like my posters to have the privacy to post all kinds of stuff, but I don't want to get them in trouble with the law. It's a sexual health oriented support forum.

Is it OK for posters to post about crimes (specifically indecent exposure) that were committed by them in the past? Is it OK for my forum to publish the posts?

Richard

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My response:

The First Amendment is your answer. It's not your fault if someone wishes to admit to a crime - - and, there's certainly no law that prohibits them from writing about, or discussing, it.

The only thing you need to concern yourself with is whether someone starts discussing a "present intent" to commit a crime. Then, if that's the case, you may, at most, have a "moral obligation" to report that person to authorities - - but, as a "moderator", there's no law that requires you to do so - - unless you're also a licensed health care provider.

IAAL

Thanks for clearing that up, IAAL.

What about the poster? Can he/she feel free to discuss such things without incriminating himself? As I mentioned, I'd like them to feel free to discuss stuff. (I can see how the intent to commit a crime is a big no-no and it's not relevant in my case. But discussing past events...?).

richard123 said:

Thanks for clearing that up, IAAL.

What about the poster? Can he/she feel free to discuss such things without incriminating himself? As I mentioned, I'd like them to feel free to discuss stuff. (I can see how the intent to commit a crime is a big no-no and it's not relevant in my case. But discussing past events...?).

Click to expand...

My response:

Clearing that up?

Apparently, from your latest post, above, I failed to "clear" anything up. Let me rephrase . . .

The First Amendment allows you, and everyone, the freedom of speech - - which is very nearly unfettered. However, if someone wants to "incriminate" themselves to a crime, that's there business.

If I wanted to discuss the bank robbery I committed last week, that's my problem, and I'm certainly free to talk all I want about it. If I do, then the consequences of my crime are mine, not yours. You are not compelled to call the authorities to report me.

Freud discussed his psychological theory of people's "need to talk." Secrets might be kept for a while, but as Freud opined, people eventually talk. Police authorities know this, and use this tactic to locate criminals all the time. If you want to report someone for having committed a crime, you're well within your rights to do so. All I'm telling you, however, is that there is no law that compels you to do so - - unless it's of a sexual nature involving children, AND you're a licensed health care provider. Then, in that instance, you have a "legal" obligation to make a report.

As we do here, you can talk and talk and talk all you want. But, since this forum is owned by someone, those owners make the rules and can, legally, edit or delete anything they want to on these forums, at their whim. Remember, while the First Amendment is the law of the land, a forum is like someone's home - - when you go into someone's home, you follow their rules, or you leave.

IAAL

Clearing up: You did make it clear that I am not legally liable or responsible for what someone else posts (with the exceptions noted).

What is not clear, however, is this (and it may be because I am not asking the right question):

Should I tell the posters that they should be careful not to post anything about crimes previously committed? Could the post(s) be used in evidence? Can I tell them they can feel free (and safe) to make referenes to criminal activities in the past (with the exceptions you noted)?

I mean, I can certainly tell them that I'll keep the confidence. But can someone else (eg. the police) read the posts and take legal action based on the information?

I get the feeling I'm asking a silly question, but I can't figure out exactly why....

Sorry about taking up so much of your time, IAAL. I really appreciate it.

richard123 said:

Clearing up: You did make it clear that I am not legally liable or responsible for what someone else posts (with the exceptions noted).

What is not clear, however, is this (and it may be because I am not asking the right question):

Should I tell the posters that they should be careful not to post anything about crimes previously committed? Could the post(s) be used in evidence? Can I tell them they can feel free (and safe) to make referenes to criminal activities in the past (with the exceptions you noted)?

I mean, I can certainly tell them that I'll keep the confidence. But can someone else (eg. the police) read the posts and take legal action based on the information?

I get the feeling I'm asking a silly question, but I can't figure out exactly why....

Sorry about taking up so much of your time, IAAL. I really appreciate it.

Click to expand...

My response:

Let me address your last statement, first.

You are not "taking up so much of my time." You have an important issue, and it's my pleasure to have you here, and asking your questions. So please, do not feel that I'm being "put upon" by your questions. My quest, by being a contributor to these forums, is to help people like you to understand the laws as best as I am able.

Now, I will try and answer your questions as best as I can.

You asked - -

"Should I tell the posters that they should be careful not to post anything about crimes previously committed? Could the post(s) be used in evidence? Can I tell them they can feel free (and safe) to make referenes to criminal activities in the past (with the exceptions you noted)?"

MY RESPONSE: You have no legal obligation to tell anyone to "be careful" about discussing anything, including past, present, or future crimes.

Since there is no "moderator/writer" privilege in the law, if a law enforcement agency were to ask you, or subpoena you, and any information on your site, you would have an obligation to testify or turn over any documents written by writers on your forum. There are no protections. Therefore, posts could, in fact, be used as evidence. Since there are no protections, your writers can never "feel free" enough in their anonymity to be safe from prosecution.


You then asked - -

"I can certainly tell them that I'll keep the confidence. But can someone else (eg. the police) read the posts and take legal action based on the information?"

MY RESPONSE: You can certainly tell your writers that you'll "keep their confidence", but when the chips fall, that would be an "untruth." As explained above, there is no "moderator/writer" privilege - - unless you're a priest receiving a penitent's sin "Confession", or in a doctor/patient capacity, or you are married to the writer, and all of the pre-conditions for those types of privileges have been met.

So, barring any recognized privileges, then yes, " . . . someone else (eg. the police) [can] read the posts and take legal action based on the information."

Good luck to you, and thanks for your provocative questions.

IAAL

Thank you. 100% cleared up