People v. Diomedes

Defendant, a student in alternative school and age 18 at time of offense, was convicted, after bench trial, of disorderly conduct for knowingly transmitting by e-mail a threat of violence directed against high school dean, for e-mail he sent to anti-bullying activist who had spoken at his school. Court properly considered e-mail subject line, identifying Defendant as the author, and viewing evidence as a whole it was sufficient to authenticate e-mail and thus properly admitted it. Knowledge requirement of statute applies to all elements of subsection (a)(13), such that actor not only must knowingly transmit something, but must also tknow that what is being transmitted is a prohibited threat. (ZENOFF and BIRKETT, concurring.)