United States v. Hobgood, No. 16-3778 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed defendant's conviction for interstate stalking after he created publicly accessible social media accounts in which he portrayed his ex-girlfriend as an exotic dancer and prostitute. He contacted her employer and her family and friends, and stated that he would continue to make these representations unless he received an apology from her. The court held that the district court properly denied defendant's motion to dismiss the indictment, because defendant's communications to his ex-girlfriend and others were unprotected speech integral to criminal conduct. In this case, the communications were integral to the crime of extortion under 18 U.S.C. 875(d). Finally, the district court did not err by awarding restitution to the ex-girlfriend where defendant's offense proximately caused her change in residence and expenses.
Court Description: Colloton, Author, with Benton, Circuit Judge, and Gerrard, District Judge] Criminal case - Criminal law. Where defendant was prosecuted for interstate stalking in violation of 18 U.S.C. Sec. 2261A(2) after he falsely portrayed his former girlfriend as a prostitute on social media, emailed and mailed similar representations to her family and employer and emailed her and her family that he would continue to make the representations until she met his demands, defendant's prosecution did not violate his First Amendment rights; defendant's communications were unprotected speech integral to criminal conduct because the communications were integral to the crime of extortion under 18 U.S.C. Sec. 875(d); the district court did not clearly err in awarding restitution for the victim's moving costs where the evidence showed she moved to avoid defendant's stalking.
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