Legal Opinion

People v. Rodriguez

Criminal Court of the City of New York

Decided April 4, 2008PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Michael Gerstein, J.

The question in this case is whether an 18-year-old defendant who, perhaps inartfully, expresses his love for the 14-year-old complainant — in person and through the social networking Web site MySpace — can be charged with aggravated harassment when his love goes unrequited. We hold that unrequited teenage love is not a crime, and is not elevated to a crime by the disapproval, and even annoyance, of the object of the erstwhile lover’s ■ affections, or by that of her father.

Legal and Factual Background

In order to be sufficient on its face, an accusatory…

2Cases cited19 opinions

  1. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  2. Texas v. JohnsonSupreme Court of the United States · 1989
  3. People v. DumasNew York Court of Appeals · 1986
  4. People v. DietzeNew York Court of Appeals · 1989
  5. People v. SmithNew York Supreme Court · 1977

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3Cited by4 opinions

  1. People v. CoveneyAppellate Terms of the Supreme Court of New York · 2015
  2. Barboza v. D'AgataDistrict Court, S.D. New York · 2015
  3. People v. ThompsonCriminal Court of the City of New York · 2010
  4. People v. EvansCriminal Court of the City of New York · 2008

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