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NEWS: Man Arrested for Threatening Nana Mizuki Online


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fighterholic



Joined: 28 Sep 2005
Posts: 9193
PostPosted: Wed Jul 09, 2008 6:15 pm Reply with quote
Well, at least were on top of this so as not to let another massacre happen again. Just to get people's attention was something though, since it did get him arrested. He even might of thought of it as a joke, which in that case, it wasn't funny.
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Lord Dolmus



Joined: 10 Jan 2007
Posts: 97
PostPosted: Wed Jul 09, 2008 6:56 pm Reply with quote
Tofusensei wrote:
Anyone here with legal knowledge know if such a threat would be illegal in America? Part of me feels that his civil rights were violated here but I'm not 100% sure. Of course in the US they'd just detain you for 48 hours under the PATRIOT Act. Very Happy

-Tofu


Didn't this happen in Japan?
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v1cious



Joined: 31 Dec 2002
Posts: 6202
Location: Houston, TX
PostPosted: Wed Jul 09, 2008 7:27 pm Reply with quote
it's funny how serious they're taking this. reminds me of the terrorism incident over at 4chan. Laughing
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Siegel Clyne



Joined: 30 Apr 2006
Posts: 200
PostPosted: Wed Jul 09, 2008 7:31 pm Reply with quote
I sent in the Nikkan Sports article on the 21-year-old man arrested for posting death threats at 2ch (2-channel) against Nana Mizuki and her fans back on the Fourth of July. But I have not thought much about it afterwards because there has been hardly any mention of it on the 2ch threads I have visited since then.

Death threats posted at 2ch began to be taken seriously after the Neomugicha incident.

On May 3, 2000, a 17-year-old boy calling himself "Neomugicha" ("Neo-Barley Tea") posted a cryptic warning message on 2ch an hour before hijacking a bus in Fukuoka and killing one passenger. 2ch regulars who had earlier ignored Neomugicha's claims started paying serious attention to unusual threats. And so did law enforcement. The police later arrested a copycat who called himself "Neomugishu" ("Neo-Barley Wine") after threatening a planned terrorist attack on a railway company.

I recall a case within the past couple of years or so of a man being arrested for issuing death threats at 2ch against another man. I cannot recall, however, the specifics of the case and why the suspect allegedly threatened to kill the other man.

Source: WIRED


Last edited by Siegel Clyne on Wed Jul 09, 2008 7:48 pm; edited 1 time in total
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Zomb1e13



Joined: 12 Mar 2008
Posts: 50
PostPosted: Wed Jul 09, 2008 7:40 pm Reply with quote
Tofusensei wrote:
Anyone here with legal knowledge know if such a threat would be illegal in America? Part of me feels that his civil rights were violated here but I'm not 100% sure. Of course in the US they'd just detain you for 48 hours under the PATRIOT Act. Very Happy

-Tofu


Quote:
Assault

An assault invoves:

1. An intentional, unlawful threat or "offer" to cause bodily injury to another by force;
2. Under circumstances which create in the other person a well-founded fear of imminent peril;
3. Where there exists the apparent present ability to carry out the act if not prevented.

Note that an assault can be completed even if there is no actual contact with the plaintiff, and even if the defendant had no actual ability to carry out the apparent threat. For example, a defendant who points a realistic toy gun at the plaintiff may be liable for assault, even though the defendant was fifty feet away from the plaintiff and had no actual ability to inflict harm from that distance.



Yes it is illegal in america.
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rizuchan



Joined: 11 Mar 2007
Posts: 975
Location: Kansas
PostPosted: Wed Jul 09, 2008 7:42 pm Reply with quote
Tofusensei wrote:
Anyone here with legal knowledge know if such a threat would be illegal in America? Part of me feels that his civil rights were violated here but I'm not 100% sure. Of course in the US they'd just detain you for 48 hours under the PATRIOT Act. Very Happy

-Tofu


People in America have been arrested over posting similar threats on 4chan, actually. Apparently people think that because they're posting anonymously that they can get away with saying whatever they want.
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dtm42



Joined: 05 Feb 2008
Posts: 14084
Location: currently stalking my waifu
PostPosted: Wed Jul 09, 2008 7:49 pm Reply with quote
Tofusensei wrote:
Anyone here with legal knowledge know if such a threat would be illegal in America? Part of me feels that his civil rights were violated here but I'm not 100% sure. Of course in the US they'd just detain you for 48 hours under the PATRIOT Act. Very Happy

-Tofu


Cannot say about America, but CAN say with regards to New Zealand. Our laws state that threatening to kill is indeed illegal. A person who threatens to kill another does not even have to mean it, as long as they intend for the victim to think they mean it.

Imagine a man who sexually harasses a woman in the office. He then tells her, "I'll kill you if you tell anyone". Even if he has no intention (at that stage) of killing her, he is still guilty of threatening to kill. That's because it was his clear intention to make his poor victim think she was going to be harmed if she made a complaint.

Where it becomes tricky is in the case of a prank or boasting. Did the person accused of making the threat intend for another to take it seriously? That's seems to be what the accused in this story seems to have claimed; he made a threat to be noticed, not to actually make people believe he was going to kill Nana Mizuki.

Another complicating factor is the way in which the threat was made. He didn't make it to her personally, by way of conversation with her or through an e-mail or letter. He merely posted it on a mobile phone bulletin board. If I were to write on my blog "I hate my cheating b*tch of a girlfriend, I'm so going to kill her", then could that alone be considered threatening to kill her? A good defense lawyer would successfully argue no. What about if I tell all my friends that I'm going to kill her? Where does it stop? Where is the line? That I do not know.

One final note. I've said it before in several threads: Under NZ law at least, writing someone's name in a "Death Note" is NOT considered a threat to kill!
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darcerin



Joined: 22 Apr 2005
Posts: 330
PostPosted: Wed Jul 09, 2008 8:27 pm Reply with quote
0.o Not Nana! Sad I hope she's recovering - something like that can scar you for life - you're always wondering if the guy walking behind you is a friend of his, or the dark alley your passing is hiding a knife wielding maniac...
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therealssjlink



Joined: 30 Apr 2005
Posts: 118
PostPosted: Wed Jul 09, 2008 9:45 pm Reply with quote
Jeez...I hate Hinata and her fans too, but I wouldn't go so far as to threaten to kill them...
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Dargonxtc



Joined: 13 Apr 2006
Posts: 4463
Location: Nc5xd7+ スターダストの海洋
PostPosted: Wed Jul 09, 2008 10:05 pm Reply with quote
*Remembers various Deathnote school suspension threads...*

Oh come on, I mean it was just a joke. I mean the dude didn't even have a two-ton truck! How can he be accountable for his own words. This is an outrage! Rabble rabble rabble!



Sarcasm


Last edited by Dargonxtc on Thu Jul 10, 2008 8:44 pm; edited 1 time in total
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fighterholic



Joined: 28 Sep 2005
Posts: 9193
PostPosted: Thu Jul 10, 2008 12:18 am Reply with quote
I don't think threatning to kill people can ever be considered to be funny, because when it actually happens are you going to laugh at it?
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dtm42



Joined: 05 Feb 2008
Posts: 14084
Location: currently stalking my waifu
PostPosted: Thu Jul 10, 2008 2:48 am Reply with quote
fighterholic wrote:
I don't think threatning to kill people can ever be considered to be funny, because when it actually happens are you going to laugh at it?


Of course I'm not going to laugh if it happens in real life. But death itself can be funny; I readily admit to finding several death scenes from South Park or Excel Saga to be hilarious. Moe from the Simpsons often used to threaten to kill Bart in early seasons, and it was played for laughs.

The reason we can laugh is because no-one got hurt, and in fact no-one was going to get hurt anyway. This man may blow his top at a future date, but for now he's still dormant and the threat of him harming people is low.

Lastly, as you may have noticed, there is debate as to whether or not he is guilty of the crime of threatening to kill. Different countries have different laws and interpretations (for example, the American and New Zealand legal definitions of "reasonable doubt" differ from one another). Still, I hardly think he deserves the book being thrown at him, even if he is indeed guilty under Japanese law.
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Yuki Asuka



Joined: 17 Jun 2004
Posts: 13
Location: Infinity Area in Malaysia
PostPosted: Thu Jul 10, 2008 5:53 am Reply with quote
People who have their own reason to hate Nana-sama, no offense but whoever messes up with Nana-sama shall go to hell! Twisted Evil Mad
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Tofusensei



Joined: 15 Feb 2008
Posts: 365
PostPosted: Thu Jul 10, 2008 9:41 am Reply with quote
Yuki Asuka wrote:
People who have their own reason to hate Nana-sama, no offense but whoever messes up with Nana-sama shall go to hell! Twisted Evil Mad


But apparently if you say:

"If any of you bash Nana I'll meet you at your house with a knife and a truck and kill you!" you can get arrested! Smile

Thanks for answering my question, by the way, guys. I was genuinely curious on this issue.

-Tofu
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Ktimene's Lover



Joined: 23 Apr 2005
Posts: 2242
Location: Glendale, AZ (Proudly living in the desert)
PostPosted: Thu Jul 10, 2008 12:31 pm Reply with quote
I have some legal knowledge and I'll give my piece. Threatening to kill someone depends on if it's one those "I'll kill you!" and not mean it situations or if it's "I'll kill you!" and mean it. Either way, this threat is serious. The reason why I have this limited knowledge is because I have taken some criminal justice courses.
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