http://www.app.com/app/story/0,21625,1180040,00.html
Published in the Asbury Park Press 1/19/05
WOOD-RIDGE -- It was a sunny spring day when Trish Barteck was
trimming plants in her front yard in this Bergen County community
on April 19, 2002.
The youngest of Barteck's three children, a son, then 2, was by
her side. A wooden lawn placard of a New York Mets mascot stood
guard.
At the corner, a strange man sat in a white sport-utility vehicle,
watching. He knew what to look for, right down to the Mets
placard.
Barteck didn't know then that the man had ideas of raping her, as
the result of a dastardly chat-room plot. Barteck, now 36, felt
uneasy about the stranger and called police.
But in the months to come, she would learn that one of her in-laws
used an Internet chat room to direct the stranger to her house to
rape her. Barteck subsequently embarked on a mission to see that
anyone who would put somebody up to such a deed would be
successfully prosecuted.
Her mission was accomplished Tuesday when acting Gov. Codey
visited her home to sign legislation (A-2864/S-1429) into law.
The measure, inspired by incidents in Bergen and Ocean counties,
makes it a crime to use a computer, the Internet or any other
electronic means to induce commission of a crime.
A flaw in the law When Jonathan Gilberti did just that on April
19, 2002, there was no such law in place. So when authorities
learned that Gilberti, an in-law of Barteck, hid behind his
computer screen, claimed to be a housewife who wanted to be raped,
and gave out Barteck's address, physical description, what she
would be doing and who she would be with, they were unsure what
crime, if any, they could charge him with.
"Trying to fit a computer crime into a standard sexual assault law
was difficult," said Sgt. Michael Nevil of the Ocean County
Prosecutor's Computer Crimes Unit, which investigated the
incidents in the two counties.
Under the law, which takes effect immediately, there would be no
question.
"If this bill was on the books, they could have had a criminal
statute to prosecute this individual," said state Sen. Paul A.
Sarlo, D-Bergen County, whom Barteck had enlisted to sponsor the
new law.
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There already was a law making it a crime punishable by up to 10
years in prison to lure somebody via computer with the purpose of
committing crimes against children, but not against adults, Sarlo
said. As it turned out, Gilberti, 26, also of Wood-Ridge, pleaded
guilty in Ocean County to three counts of attempted sexual assault
for the incident involving Barteck and a series of similar
incidents involving a woman in Beach Haven in Ocean County.
He received a 10-year prison term. But, had the case gone to
trial, it could have been tricky for prosecutors to prove the more
serious attempted rape charges.
"If you use the Internet to lure someone into committing a crime,
it will be illegal," Codey said, signing the law in Barteck's
living room.
The new law pertains not only to those who use the Internet to
lure people to commit sexual crimes, but any crimes whatsoever,
Sarlo said.
Governor lauds courage
Codey said it was Barteck's courage in coming forward with details
about her experience, even testifying before the Senate Judiciary
Committee, that brought the need for the measure to the forefront.
"Rather than keeping quiet, she lent her voice to the victims of
Internet crime everywhere," Codey said.
Barteck recalled her ordeal again yesterday before a crowd of
reporters and staff from the Governor's Office who had gathered in
her living room.
"The mental damage was immeasurable," Barteck said. "I had all of
my personal (information) posted on the cyber-space bathroom
wall."
When she saw the strange man staring at her from the SUV the day
she was gardening, "I knew something wasn't right," Barteck said.
She called the police. They responded and questioned the man, who
told them he was lost and looking at a map for directions. Barteck
insisted police take a report of the incident. They did. The
stranger was never charged.
Then, in July of that year, Barteck learned that Gilberti had been
arrested in a bizarre case in Ocean County.
Investigators with the county's computer crimes unit had learned
of Gilberti's online chats on May 7, 2002. Using the screen name,
"Naughty Ashley 25," Gilberti had again pretended to be a
housewife who had a fantasy of being raped. This time, he gave out
the description and address of a former neighbor in Beach Haven.
Another unsuspecting man went to the woman's home to fulfill the
fantasy, but left after being rebuffed. Gilberti sent out another
online message to the dupe saying he had ruined the fantasy and
should return to the house. When he did, the woman called police.
She, too, was not harmed. That man was not arrested, but his
cooperation led authorities to unravel Gilberti's plot.
It wasn't until September 2002 that investigators pieced together
that Gilberti had set up Barteck the same way months earlier. When
investigators told Barteck what they had learned, "I was
horrified. I was devastated," she said.
After a year of mental anguish, Barteck said, "Enough is enough,"
and began her crusade for laws to protect citizens against
computer crimes.
"Because of Trish's efforts, the people of New Jersey hopefully
will be safer," Sarlo said.
---
http://lastliberal.org
Guns don't kill people: Republicans kill people.
"All it takes is one asshole with a gun or a bomb to ruin a culture of
virtually any size, unless people face reality in the here-and-now and
realize that freedom must be defended against those who WILL remove it
from us. I'd like it to be sunny and warm every day too but I've seen enough
of reality to realize it ain't gonna be so. So I own a raincoat." --- Dave
Hamilton
Well, does the incident of posting Tory's phone number on S&M boards
count? I think most of us suspected that the person who did that might
be OSA.
Peach
Such a law exist in France since 1881 and was certaionly preceded by others.
By instance, inducing to commit a crime is what the insane guru Raël accuses
me of, because I wrote in french on a newsgroup that "one should suppress
Raël, this movement trying to make us idiot at 250000 dollars apiece."
Raël, being the name of the UFO and SEX cult as well as the surname of the
Claude Vorilhon, liar guru of the group, he cut the sentence and asked the
courts to sue me for "inducement to commit a crime" against him. He had
already lost one complaint against a known french very pretty star, Ophélie
Winter (see her here: http://www.ophelie-winter.net/photos.htm), and,
despite this, appealed the ruling.
It's interesting to know that he pretends publicly before millions of
spectators "having not a thin dime" or such declaration of poverty, but
being nevertheless able to pay such french attorney stars of the Bar as Me
Florand in Paris' Bar, to attack critics like he does here:
- Ophélie Winter (she won in Court, Rael appeals)
- Roland Chevaleyre (he won against Raël in court, he appeals) - this guy is
an ex-friend-kid of Rael, and has declared that Raël said his story of UFOs
was a lie, the Rael attacked him)
- Dominique de St Hilare, who was a "angel" from Raelians since years
- Xavier Martin-Dupont, who wrote lots against Raël
- me... etc.
Knowing that such an attorney as Me Florand must costs something like 3000
dollars a day if not much more, that it has to take representatives for
complaints in other areas than Paris and pay them, you can imagine how much
this crook has paid from its "poor pockets". It's in the order of many
thousands euros.
Certainly this guy is as much a liar as Hubbard.
roger