Kayla Renee Dubois, 24, and Christopher Wimmer, 33, have the dubious distinction of creating a new category of crimes for illicit selfies. The two Florida paramedics allegedly competed in a “selfie war” in vying to take the most graphic pictures with incapacitated patients. They are charged with multiple counts of interception and disclosure of oral communications.
Wimmer faces seven such charges as well as a misdemeanor battery charge for holding up the eyelid of a sedate patient. Dubois faces two charges. In all, 41 patients were allegedly victimized, though three appeared to consent and their inclusion in the group raises difficult issues. Indeed, it is not clear why the prosecutors wanted to include any cases with alleged consent when they have alleged so many unconsented to examples.
After the two were fingered by colleagues, Dubois was fired and Wimmer then resigned.
The statute’s use of “oral communication” could create an odd fit for a jury. Here is the code provision:
934.03 Interception and disclosure of wire, oral, or electronic communications prohibited.—
(1) Except as otherwise specifically provided in this chapter, any person who:(a) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, oral, or electronic communication;
(b) Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:1. Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or2. Such device transmits communications by radio or interferes with the transmission of such communication;(c) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;(d) Intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; or(e) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication intercepted by means authorized by subparagraph (2)(a)2., paragraph (2)(b), paragraph (2)(c), s. 934.07, or s. 934.09 when that person knows or has reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation, has obtained or received the information in connection with a criminal investigation, and intends to improperly obstruct, impede, or interfere with a duly authorized criminal investigation;
14 thoughts on “Can You Guess What These People Were Charged With?”
Beat them unconscious, and then take selfies.
This clearly calls for the Clinton Defense: Its not what you did, but what you now claim you might have intended if you had only known what you were doing was wrong at the time.
Send em to the asylum and tell them to prepare their rear ends for what is coming next.
Clockwork Orange was prophetic.
Getting fired and having their professional licenses suspended is enough. We don’t need to criminalize every offensive, insensitive act.
Not everything deplorable leads to prison. Having a sick sense of humor is hard to prosecute.
Why aren’t they charged with HIPAA violations and/or invasion of privacy and/or taking photos without consent?
Elena – I am not sure the locals can charge you with HIPPA violations.
Reminds me of the anesthesiologist who verbally assaulted and humiliated her patient while he was unconscious getting a colonoscopy. The patient recorded (w/his mobile phone) his verbal consultation w/the doctor just prior to surgery, then accidentally left his phone in record mode, recorded the conversation, and won a handsome lawsuit.
The MD had to move from TN (IIRC) to FL, and her medical licensing board levied no discipline, apparently thinking her actions were cute.
The prosecution’s case is weak at best.
We are in the future, in 2016, however our laws work only for the last century. Our legislators need to start updating our laws in order we have a legal system that works in the digital era.
They both should be locked up. That would definitely teach them both a hard lesson.
I do not see how they are ‘intercepting’ anything. This is consensual between the sending parties.
This is sick. These types of bizarre acts are beyond understanding. Is life so boring someone thinks this up? We are becoming shallow people doing shameful things. I suppose there will be a movie; the industry keeps increasing the violence.
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