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Description: Portland, Maine criminal law lawyer represented Defendant charged with cyberstalking.
Between March 2019 and September 2019, Larry Spencer, 63, of Providence, Rhode Island and formerly of Maryland, cyberstalked his former spouse. The victim ended their brief marriage in 2016 and filed for a restraining order in Maryland. Despite the restraining order and the victim relocating, Spencer continued to harass and intimidate the victim on social media and by email. The harassment and threats continued after the victim moved to Maine in 2018 and obtained a protection from abuse order in March 2019. The protection order included explicit language that the “Defendant shall not post any direct or indirect threats about or concerning the plaintiff on social media/online.”
Spencer faces up to five years imprisonment and a $250,000 fine, followed by up to three years of supervised release. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI investigated the case.
18 U.S.C. 2261 provides:
(1) Travel or conduct of offender.—
A person who travels in interstate or foreign commerce or enters or leaves Indian country or is present within the special maritime and territorial jurisdiction of the United States with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner, and who, in the course of or as a result of such travel or presence, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b).
(2) Causing travel of victim.—
A person who causes a spouse, intimate partner, or dating partner to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and who, in the course of, as a result of, or to facilitate such conduct or travel, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b).
(b) Penalties.—A person who violates this section or section 2261A shall be fined under this title, imprisoned—
(1) for life or any term of years, if death of the victim results;
(2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the victim results;
(3) for not more than 10 years, if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense;
(4) as provided for the applicable conduct under chapter 109A if the offense would constitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and
(5) for not more than 5 years, in any other case,
or both fined and imprisoned.
(6) Whoever commits the crime of stalking in violation of a temporary or permanent civil or criminal injunction, restraining order, no-contact order, or other order described in section 2266 of title 18, United States Code, shall be punished by imprisonment for not less than 1 year.
Outcome: 10/17/2022 59 PLEA AGREEMENT as to LARRY SPENCER (MCELWEE, DARCIE) (Entered: 10/17/2022)
10/17/2022 60 Minute Entry for proceedings held before JUDGE JON D. LEVY: VideoChange of Plea Hearing held as to LARRY SPENCER. Defendant waived right to be physically present and consented to proceed by video. Guilty Plea entered as to Count ONE of the Indictment; Plea accepted. Medication list marked as court Exhibit 1 forwarded to probation to maintain with their file. Previously furnished order setting conditions of release to remain in effect. (Court Reporter: Tammy Martell) (clp) (Entered: 10/17/2022)
Defendant was sentenced to14 months in prison.