Breaking Legal News & Current Law Headlines | Daily Legal Briefing
  • Home
  • Hot Topics
  • Breaking
  • Business
  • Big Law
  • Small Law
  • Law School
  • Legal Tech
No Result
View All Result
No Result
View All Result
Breaking Legal News & Current Law Headlines | Daily Legal Briefing
No Result
View All Result
Home Law School

Ex-Law Student Loses Bid To Get Cyberstalking Sentence Overturned In Case Over T14 Law School Rejection

Daily Legal Briefing by Daily Legal Briefing
June 15, 2022
in Law School
0
After Record Profits, Biglaw Partners Wonder If They Need To Keep Working
4
SHARES
32
VIEWS
Share on FacebookShare on Twitter


stalkerA former UT law student who was sentenced to almost four years in prison after he pleaded guilty to cyberstalking a Georgetown alumni admissions interviewer following his rejection from the T14 law school has lost his bid to overturn his conviction.

In 2017, Ho Ka Terence Yung, who was then a third-year student at UT, was arrested for an 18-month campaign of cyberstalking that a federal judge described as “a disturbing mix of violence and sexual degradation that actually resulted in complete strangers approaching the victim’s home.” In 2018, he pleaded guilty to one count of cyberstalking, and he was sentenced in 2019. As a refresher, here’s a disturbing excerpt from the Justice Department’s announcement of Yung’s plea that describes some of his cyberstalking efforts:

Yung repeatedly published violent and sadistic statements about Victim 1 on the Internet – including descriptions of rape, lynching, sexual molestation, and graphic violence. As just one example, the defendant posted a false story about Victim 1 on a public website, which involved the abduction of an eight-year old girl from an elementary school. In this story, the defendant described kidnapping the little girl at gunpoint, cutting off her clothes with a knife, and raping her.

Yung also repeatedly posted personal ads on Craigslist and other websites with the intent that individuals interested in violent and sadistic sexual activity would go to Victim 1’s residence in the middle of the night. For example, on October 29, 2015, the defendant posed as a “cute blonde hottie” and posted an ad on Craigslist stating, among other things:

i need a big strong man to dominate me tonight . . . i like it when a man puts his hand around my throat and threatens me with a knife . . . then you pull my hair and take out your gun and threaten me . . . i’m a bad girl, and I need to be punished by a big strong man. send me a picture with you holding your gun. all others will be ignored.

Notably, the above ad was published a day after local police stopped a man outside of Victim 1’s residence in the middle of the night, who was looking for Victim 1’s wife. He was responding to a similar Craigslist ad and the defendant directed him to Victim 1’s residence.

We now turn to Yung’s attempt to get his sentence thrown out. In his appeal, Yung argued that a 2013 revision to the cyberstalking statute — one that allows charges against not just those who intend to harass someone online, but also those who intend to intimidate — rendered the amended statute invalid because it infringed on free speech rights. The Third Circuit rejected his interpretation, noting that several circuits interpret a more narrow reading of the statute, including their own. From the National Law Journal:

“To ‘intimidate,’ we hold, a defendant must put the victim in fear of death or bodily injury. … It also limits ‘intent to intimidate’ to what it ‘especially’ means, a form of true threats or speech integral to a crime,” [Judge Stephanos] Bibas wrote. “Those narrow readings ensure that protected speech largely escapes the law’s net. Thus, we can avoid the ‘strong medicine’ of invalidating the statute as facially overbroad.”

“Cyberstalking is a serious crime that calls for serious punishment. But courts must be vigilant to keep crimes and punishments within the bounds of law,” Bibas said. “Cyberstalking laws must be read narrowly to avoid punishing protected speech.”

Even though the court upheld his prison sentence, Yung did receive a partial win. As part of his original sentence, he was ordered to pay restitution to his victim of almost $70,000 and $130,000 to Georgetown University, as the school added more security measures on campus because the victim’s son was a student there. The NLJ has more information:

[T]he Third Circuit on Monday vacated the order requiring payment to the university since Yung never targeted the campus and didn’t damage any of the school’s property.

“The government claims that the property that Yung damaged ‘was the safety and security of Georgetown’s campus,’” Bibas wrote. “Yet Yung’s threats never made Georgetown’s campus unusable for students and faculty, or its security systems unusable for run-of-the-mill disturbances. Nor does Georgetown say that its security systems were unhelpful in dealing with Yung.”

Yung, who would have graduated from law school in 2017 — the same year that Georgetown slipped out of the T14, will remain behind bars.

Ex-Law Student’s Conviction Upheld in Georgetown Cyberstalking Case [National Law Journal]

Earlier: Jail Time Ahead For Student Who Embarked On Campaign Of Cyberstalking Following Law School Rejection
Ex-Law Student Pleads Guilty To Terrorizing Admissions Interviewer After Rejection From T14 Law School


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.





Click to Read Original Article

Previous Post

Jonathan Turley Sums Up January 6 Hearings Like He Didn’t Watch January 6 Hearings

Next Post

Biglaw’s Making Strides Towards Diversity

Daily Legal Briefing

Daily Legal Briefing

The latest breaking legal news from across World all in one place.

Related Posts

Law Professor Bashes ‘Fragile Children’ In Classes Without Cold Calling… Internet Erupts
Law School

Law Professor Bashes ‘Fragile Children’ In Classes Without Cold Calling… Internet Erupts

by Daily Legal Briefing
September 26, 2023
It Just Got More Expensive To Try To Become A California Attorney
Law School

It Just Got More Expensive To Try To Become A California Attorney

by Daily Legal Briefing
September 25, 2023
APA Says Mental Health Questions On Bar Exam Character & Fitness Reviews Don’t Work
Law School

New Jersey Officially Rolls Back Mental Health, Addiction Questions From Its Bar Exam Application

by Daily Legal Briefing
September 23, 2023
This Top 50 Law School Dean Is Also Of Counsel At A Top Biglaw Firm
Law School

This Top 50 Law School Dean Is Also Of Counsel At A Top Biglaw Firm

by Daily Legal Briefing
September 21, 2023
Top 30 Law School Creates Special Barbie Parody Video For Constitution Day
Law School

Top 30 Law School Creates Special Barbie Parody Video For Constitution Day

by Daily Legal Briefing
September 21, 2023
Next Post
Law School Finds Professor’s Conduct Was ‘Harassing Based On Race’ After Multiple Incidents

Biglaw's Making Strides Towards Diversity

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Premium Content

Maybe Partnership Isn’t All It’s Cracked Up To Be At This Biglaw Firm

Maybe Partnership Isn’t All It’s Cracked Up To Be At This Biglaw Firm

May 20, 2022
Co-Defendants’ Counsel Can Teach Attorneys Much About Practice

Co-Defendants’ Counsel Can Teach Attorneys Much About Practice

August 18, 2022
Associate Compensation Scorecard: Biglaw’s 2021 Bonus Blowout

Surprising Way Biglaw Firm Is Bringing In Extra Cash

November 3, 2022

Browse by Category

  • Big Law
  • Breaking
  • Business
  • Hot Topics
  • Law School
  • Legal Tech
  • Small Law

About US

Breaking Legal News & Current Law Headlines | Daily Legal Briefing.
Online coverage of breaking legal news and current law headlines from around the US. Top stories, videos, insight, and in-depth analysis.

Categories

  • Big Law
  • Breaking
  • Business
  • Hot Topics
  • Law School
  • Legal Tech
  • Small Law

Recent Updates

  • Legal Career Growth: Why Continuous Engagement With Legal Recruiters Is Key
  • The Depressing Reality Of ‘Lawyer Math’
  • Clients Shouldn’t Automatically Fire Attorneys After A Bad Outcome

© 2021 Daily Legal Briefing | Breaking Legal News & Current Law Headlines

No Result
View All Result
  • Contact Us
  • Home

© 2021 Daily Legal Briefing | Breaking Legal News & Current Law Headlines

Are you sure want to unlock this post?
Unlock left : 0
Are you sure want to cancel subscription?