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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12079
Experience:  30 years as a practising solicitor.
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I was awoken sunday morning by the son (14yo) of a friend who had received 2 texts. The first told him they knew he was home alone and they knew his front door was unlocked and the keys to the car were on the desk. If he stayed in his room he wouldnt be harmed. He replied who is this as he could see it was his mothers phone. He got a second text saying trying to contact his mother was futile. They had her and he had to do as they said. He rang me panicked and utterly beside himself and i rushed over in my pyjamas while on the phone for*****to him the whole way telling him to stay in his room with his feet to the door and if i heard any intruder id hang up and dial 999. When i got there i told him id check the house and if he heard me scream to hang up and dial 999. It was a prank. By the boyfriend of his mother who was driving at the time so he had her phone. Has this person broken any laws? Toward the boy or me? I certainly still feel very upset at hearing him so distraught for him mother. Also does it matter I don't have a copy of the texts? I wasnt fast enough to get them before his mum got home and deleted them from his phone? I read them when I got there.

Thank you for your question. I am a lawyer in Scotland.
No crime has been committed as far as you are concerned. In relation to the boy there is certainly a breach of the peace which is defined as placing someone in a state of fear and alarm or distress. In addition to that misuse of a mobile device comes within the scope of the criminal law. Finally, there is acting in an abusive and threatening manner towards a child.
It would have helped were the texts not been deleted however forensic applications may be able to recover these. Even if they can't be recovered, your evidence and that of the boy would be sufficient corroboration to prove the facts.
I hope this helps. Please leave a positive response so that I am credited for my time.
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Customer: replied 2 years ago.

Thank you, ***** ***** as though the child has been a little persuaded that he over reacted now, man up and all that. I certainly do appreciate the perspective. I might just have to let it go.

Your welcome.