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When defendant sent an instant message to a police officer, that instant message was immediately received by the officer, recorded by the computer program and/or the officer's computer, and displayed in both defendant's and the officer's chat windows. The defendant appeals an order of the Superior Court ( T. 2001) ("Sending an e-mail or chat-room communication is analogous to leaving a message on an answering machine."). Of course, once that instant message has been recorded on the computer's memory and displayed on the screen, it can, for example, thereafter be saved to the hard drive, copied and pasted to an electronic document, or printed from the instant messaging program or the screen itself. ("The sender knows that by the very nature of sending the communication a record of the communication, including the substance of the communication, is made and can be downloaded, printed [or] saved. Indeed, instant messaging proves to be a double-edged sword for a person wishing to commit the crime of soliciting children for sex over the internet.As the officer recorded defendant's telecommunication with his computer and/or computer instant messaging program, electronic devices that can be used to record a conversation, his action fit perfectly within the statutory definition of "intercept." RSA 570-A:1, IV. The defendant, Christopher Lott, was convicted of one class B felony count of using computer services in a manner prohibited by the law. Nadeau, J.) denying his motion to suppress evidence that he contends had been obtained by the State in violation of RSA 570-A:2 (2001) (amended 2002, 2003, 2004), which prohibits wiretapping and eavesdropping. On May 13, 2002, Detective Frank Warchol signed on to "Yahoo! IM), posing as a fourteen-year-old girl with the screen name "Kimmiesue87." Warchol entered an "internet chat room" (chat room) and quickly received a private instant message from the defendant, who was using the screen name "Chris8in2002875." The defendant directed the conversation toward sexual acts, sent a "web-cam" photo of himself and solicited "Kimmiesue87" for sex. As we noted above, "the [chat] window, while open, contains a complete history of all messages sent and received during the online conversation." Bouse, 150 S. While it provides immediate access to victims who might not otherwise be within the perpetrator's reach, it also provides a paper trail of evidence to prosecute that person should the intended recipient of the instant message communication choose to turn the evidence over to the police.I have worked with families, individuals and have facilitated groups.My services available in rural NH for those people who seek help for substance abuse evaluations and counseling, regardless of the stage of change they may be in.""I am a Master Licensed Alcohol and Drug Counselor.If you can relate to this and are looking for help then I am here to guide and support you.I will approach our work together completely non-judgmentally and open to guiding you back to your own strength and resilience.My primary focus is on substance use/misuse, recovery, and any related mental health issues, as well as exploring coping skills, and anger/emotional management.I feel that clients deserve an empathetic therapist that will work closely with them to find strength to overcome life's obstacles.""I work with clients from various backgrounds with the belief that people can make the changes in their lives if they have the support and tools to do so.
I have a client-centered, strength based approach to treatment to help clients find what they need to live the life that they want.I utilize a person centered and relational approach coupled with cognitive behavioral therapy, mindfulness and solution focused therapy.I have experience treating a wide range of challenges as well as special interest in the areas of substance use disorders, eating disorders, depression, anxiety, and trauma.""I believe that worthiness is a birthright and that a person's way of being in the world is largely determined by their sense of self worth.Our review of the trial court's legal conclusions, however, is de novo. As the trial court stated, "[It] should come as no surprise to the defendant that the [history in the chat window] on Detective Warchol's computer screen was saved and printed." It takes no extraordinary effort to preserve this type of instant message conversation for later use, and there is no reason to believe that a person who receives this type of instant message containing evidence of criminal activities may not choose to preserve that communication as evidence and turn it over to the police.