Malicious Communications is where someone sends a letter or any other form of communication that is indecent or grossly offensive, threatening, or contains information which is false or believed to be false..
s. 127(1) – an offender sends, or causes to be sent, via a public communications network a communication that is either grossly offensive, or of an indecent, obscene or menacing character; s.Dec 19, 2022.
for the purpose of causing annoyance, inconvenience or needless anxiety to another, sends by means of a public communications network a message that he knows to be false, causes such a message to be sent; or persistently makes use of a public electronic communications network to cause annoyance, inconvenience or .
As the Supreme Court noted in Kimbrough v.
United States, 552 U.S. 85 (2007), “Congress has shown that it knows how to direct sentencing practices in express terms.
For example, Con- gress has specifically required the Sentencing Commission to set Guideline sentences for se- rious recidivist offenders ‘at or near’ the statutory maximum.” .
United States Sentencing Commission Guidelines, Policy Statements, and Commentary may be cited as follows:
The initial sentencing guidelines and policy statements were developed after ex- tensive hearings, deliberation, and consideration of substantial public comment.
The Commission emphasizes, however, that it views the guideline-writing process as evolu- tionary.
Section 1028A of title 18, United State Code, provides a mandatory term of imprisonment.
Accordingly, the guideline sentence for a defendant convicted under 18 U.S.C. § 1028A is the term required by that statute.
Since 2010, the Sentencing Council has produced over 130 guidelines which cover most of the high-volume criminal offences sentenced by courts
However, some offences which are new or less common do not have a guideline and the General guideline will apply to these
There are currently no known outstanding effects for the Malicious Communications Act 1988, Section 1
1 Offence of sending letters etc
with intent to cause distress or anxiety(a) a [ F1 letter, electronic communication or article of any description] which conveys—
The offence of sending malicious communications is set out in the Malicious Communications Act 1988 (MCA)
The elements of the offence are as follows: The defendant must make a communication to the victim
This can include sending: an email1996 U.S. cybersecurity law; amendment to the 1986 Computer Fraud and Abuse Act
U.S. writing law
