Page 104 - Cyber Warnings

(2) Cause or attempt to cause physical harm to another…by means of a deadly
weapon or dangerous ordnance, as defined in section 2923.11 of the Revised
39
Code.
Similar to Ohio, except for the degree, in Texas, aggravated assault is a second-degree felony,
40
with possible imprisonment from 2 – 20 years and/or a fine of up to $10,000. Attorney Keith
41
Lee has published a series of blog posts on his blog, The Associate’s Mind”, discussing the
42
Rivello case, entitling his six-part series, “Assault With a Deadly Tweet.” Texas categorizes a
43
“deadly weapon” into two categories : weapons by design and weapons by manner of use.
Under the Penal Code, a deadly weapon by design includes a (1) firearm and/or (2) anything
44
specifically made to cause death or serious bodily injury. A weapon can also be considered
45
deadly based off the manner in which it is used. This includes (1) anything that is used in a
46
manner that is capable of causing death or serious bodily harm and/or (2) objects one would
47
not ordinarily think to be considered weapons.
The purpose or design of these objects is not to hurt another individual, but if manipulated in
such a way, can cause serious bodily harm or death to another. For example, these objects
48
could include a pillow, glass bottle, golf club, hammer, car, or even a person’s hands.
50
51
52
49
Historically, Texas courts have held belt-buckles , dustpans , the floor , a hand , and
53
underpants as deadly weapons.
When social media platforms such as Twitter are manipulated in a way outside of its intended
design and purpose to then inflict serious bodily harm or deadly harm upon another, the
platform then has the potential for being construed as a deadly weapon. This case illustrates a
scenario where in limited circumstances, a person could be found guilty of felonious assault for
using Twitter in a particular way that removes the “distance of the parties” argument.
D. With Great Broadband, Comes Great Responsibility: Has Social Media Become the
Next Platform for Cyber Warfare?

39 Ohio Rev. Code §2903.12(A)(1)/(2)
40 Tex. Penal Code §22.02
41 CITE TO KEITH LEE’S ASSAULT BY GIF PART 6; see also http://hamerlawgroup.com/attorneys/keith-r-
lee/
42 http://associatesmind.com
43 http://associatesmind.com/2017/03/21/assault-by-gif/
44 Tex. Penal Code §1.07(a)(17) (1994); see also http://www.pacefirm.com/faq/assault-deadly-weapon.html
45 Tex. Penal Code §1.07(a)(17) (1994); see also http://www.pacefirm.com/faq/assault-deadly-weapon.html
46 Id.
47 Id.
48 See Case No: 02-15-00419-CR/ 02-15-00420-CR, (Tarrant County Grand Jury indicted Jamual Edward Parks, an
MMA fighter, concluding his hands are considered deadly weapons); see also Turner v. State, 664 SW 2d 86, 90 see
also http://www.bjpenn.com/mmanews/the-man-whose-hands-are-deadly-weapons-in-the-lone-star-state-a-
cautionary-tale/
49 Garza, 695 S.W.2d 726, 729 (Dal. 1985), aff’d, 725 S.W.2d 256 (Tex. Crim. App. 1987); see also
http://associatesmind.com/2017/03/21/assault-by-gif/
50 Quintana, 777 S.W.2d 474, 478 (C.C.1989M ref’d); see also http://associatesmind.com/2017/03/21/assault-by-gif/
51 Stanul, 870 S.W.2d 329, 335 (Aus. 1994, dism;d); see also http://associatesmind.com/2017/03/21/assault-by-gif/
52 Morales, 792 S.W.2d 789, 791 (Hous. [1 ] 1990, no pet.); Cooper, 773 S.W.2d 749, 750 (C.C.1989M no pet.); see
st
also http://associatesmind.com/2017/03/21/assault-by-gif/
53 Id. ; see also http://associatesmind.com/2017/03/21/assault-by-gif/
104 Cyber Warnings E-Magazine – May 2017 Edition
Copyright © Cyber Defense Magazine, All rights reserved worldwide