While playing a game in the Metaverse, a teen girl’s avatar was attacked and sexually assaulted by a group of other avatars. Now, police in the United Kingdom are investigating the case and considering criminal charges.

Should people be held accountable for the crimes they commit in virtual reality?

An Assault in Virtual Reality

While many details of this case haven’t been released due to the ongoing investigation and age of the victim, here is what we know as reported by The Daily Mail.

A 16-year-old girl in the United Kingdom put on a set of immersive virtual reality goggles, which block out all visuals except for what is on the screen. In her hands, the girl held a device to control her avatar. The hand-held device contributed to the immersive feeling of the virtual world by vibrating as her avatar moved through the world. For example, the handset would send vibrations if the avatar fell or bumped into a wall.

We don’t know what game she was playing, but the teen girl was in the Metaverse, which is described as a collective virtual shared space.

As she was moving around the virtual universe, a group of avatars controlled by real-world players approached her. According to her report, the group of avatars then attacked and gang-raped her avatar.

Is VR Crime a Real Crime?

The 16-year-old reported what happened to local authorities, and police are now investigating the case.

While the teen did not experience any physical injuries from the virtual attack, officials say she experienced the same psychological and emotional trauma as someone who has been raped in the real world.

U.K. Home Secretary James Cleverly told LBC about the incident. “And we’re talking about a child here, and a child has gone through sexual trauma. It will have had a very significant psychological effect and we should be very, very careful about being dismissive of this.”

Authorities are taking the case more seriously because of the age of the victim. They believe a teen may have more difficulty distinguishing between what’s real and what is make-believe.

This case isn’t the first time someone has come forward to say they were sexually assaulted in virtual reality, but it appears to be the first time police have been involved.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

The History of Virtual Reality Sexual Assault

The topic of sexual assault in virtual reality goes as far back as 1993, when Julian Dibbell wrote an article that said people sexually assaulted in a virtual community felt emotions similar to those of victims of physical rape.

Since then, there have been multiple reported accounts of avatars being raped in virtual reality while game-players watched from the real world.

In 2016, the New York Post published a woman’s account of being sexually assaulted while playing the game, QuiVr. The woman said the avatar, “chased me around, making grabbing and pinching motions near my chest. Emboldened, he even shoved his hand toward my virtual crotch and began rubbing.”

Recently, more accounts of sexual assault in virtual reality have come from the game Horizon Worlds, run by Facebook owner Meta. A researcher studying user behavior said her avatar was raped roughly an hour into her first session. Another researcher said within 60 seconds after joining the game, three to four male-looking avatars gang-raped her avatar.

So, is this activity illegal?

Problems with the Case

Current legislation would make it difficult to charge individuals for their actions in virtual reality for a few reasons.

1. Avatars have not been established as either legal or natural persons so they cannot be charged. No legislation says a person is responsible for the action of their avatar.
2. The language of most statutes would make it difficult for VR criminal activity to meet the standards of the law. For example in the U.K., sexual assault is defined as “the physical touching of another person sexually without their consent.” In a virtual reality assault, there is no physical touching.
3. Virtual reality does not exist in a specific physical space so it would be difficult to assign a jurisdiction for where to hear the case.

Currently, it looks unlikely that individuals will be held legally accountable for the actions of their avatars in virtual reality, but it could change. As the Metaverse grows and virtual reality is used by more and more people, legislators may take up this issue and draft laws to direct the handling of future VR crimes.

We will also have to wait and see if individuals can file civil personal injury lawsuits in cases where the victims of VR crime feel they have endured pain and suffering or emotional damages.

Related: What’s the Difference Between a Civil and Criminal Case? 

Attorneys Looking to the Future

Laws are always evolving to meet the new demands of a changing world. If you have a question about a pending civil or criminal case, discuss the details with an experienced attorney. Talk to attorney TJ Grimaldi today. Request your consultation or call 813-226-1023.

Roughly 16 years ago, Nick Hogan, son of wrestling legend Hulk Hogan, was involved in a horrible car accident that left a man injured for life. Now, Hogan is in the news again for another incident on the road.

What did Hogan do, and what is he charged with?

A Second Hogan Driving Arrest in Florida

In the early hours of Saturday, November 18, 2023, police in Clearwater, Florida, were conducting a traffic stop when a Dodge Ram began approaching them.

The officers were on the side of Gulf to Bay Boulevard when they signaled to the driver to move into the lane away from them. But the car did not adhere to their directions. According to an arrest affidavit, officers also detected that the vehicle was going 51 mph in a 40 mph zone.

The officers went after the vehicle and pulled the driver over for a violation of the Move Over law. Move Over is a Florida law that requires drivers to move over a lane (when drivers can safely do so) and slow down when approaching stopped law enforcement and maintenance vehicles with displayed warning lights.

The stop ended with Nick Hogan and a DUI.

Related: Stopped and Arrested for a DUI in Florida? Here’s What to Do Next  

Nick Hogan Arrested for DUI

Nick Hogan, legal name Nicholas Bollea, was driving the Dodge Ram that drove past officers. Officers quickly suspected that the son of wrestling legend Hulk Hogan was under the influence.

According to WFLA reporting, officers said Hogan was, “swaying and unsteady, had a strong odor of an alcoholic beverage and had bloodshot, glassy eyes.”

After officers asked Hogan to take a breathalyzer and he refused, they conducted a field sobriety test.

He failed and was charged with driving under the influence. Hogan was taken into custody and later released on a $500 bond.

This incident is not the first time that Hogan’s driving has put him in criminal trouble.

Related: What to Expect From a First Offense DUI

A History of Reckless Driving

In 2007, Hogan faced serious criminal and civil charges after he wrecked his car in Clearwater, Florida.

When he was 17-years-old, Hogan crashed his Toyota Supra into a palm tree. According to reports, Hogan was racing with his friend who was in a Dodge Viper when he lost control.

Road conditions were poor, and Hogan fishtailed and spun across the road before hitting a palm tree. Hogan sustained minor injuries. His passenger, John Graziano, was not wearing his seatbelt and sustained serious injuries that would require him to require nursing care for the rest of his life.

Hogan was charged with reckless driving involving serious bodily injury. He was also charged with being a driver under 21 operating a vehicle with a breath-alcohol content of 0.02 percent or higher, according to the Tampa Bay Times.

At that time, Bollea pled no contest to the reckless driving charge. He was sentenced to eight months in county jail and five years of probation. It does not appear that there were any alcohol-related charges related to his sentence, which means the November 2023 DUI will be considered Hogan’s first DUI.

Hogan also faced charges in civil court for the 2007 accident. Graziano’s family sued Hogan, as well as his father Hulk Hogan, in a personal injury lawsuit. Graziano was left paralyzed and will need care for the rest of his life. The civil suit reportedly ended with a $1.5 million settlement.

Related: Types of Personal Injury Cases: Do You Have a Claim? 

What Consequences Does Hogan Face?

Hogan now faces criminal charges for the recent DUI.

In Florida, there is no minimum jail time for a first-time DUI. Jail time can be up to six months for a first offense if:

• The driver had a very high BAC
• There was a passenger under 18
• Property was damaged during the incident
• Someone was injured during the incident

First offense DUIs usually involve fines. In Florida, violators can expect to pay around $500-$1,000 in fines.

Because no one was injured in the incident, Hogan will not face any potential liability for a civil lawsuit in this case.

Related: What’s the Difference Between a Civil and Criminal Case? 

A DUI Is a Serious Matter. Talk to an Attorney Right Away

A DUI can lead to serious consequences. If you or a loved one have been charged with driving under the influence, talk to an attorney right away. An experienced DUI attorney can ensure that you get fair due process under the law while fighting for your rights at every step of the way.

If you have a case to review, talk to TJ Grimaldi today.  Request your consultation or call 813-226-1023.

It was supposed to be an enjoyable night for hundreds of people in Tampa, Florida. Party-goers,  many in costumes, filled the streets of Ybor City on the Saturday before Halloween, and then gunshots rang out.

What led to a shooting that left 16 people injured and two dead? And who is responsible for the shots that littered the street?

A Night Ends with Gunshots

When the bars and nightclubs began to close on October 29, 2023, in Ybor City, a nightlife and entertainment district in Tampa, Florida, hundreds of people filled the streets. The main street, 7th Avenue, was shut down to accommodate the rush of people leaving at closing time.

It was almost 3 a.m., and groups of people, many of them dressed in Halloween costumes, gathered in the street near Tangra Nightclub and Centro Ybor.

According to the Tampa Bay Times, it was around this time when two groups began to have an altercation.

Tyrell Stephen Phillips, 22, says he waved at a friend he saw in the distance when several young men approached him in an “aggressive manner.” One person took a “fighting stance,” and a second spat at him. He said a third person reached toward his waistband. Phillips says he thought the person was reaching for a gun, so he pulled out his.

Phillips later admitted to police that he shot his gun two times.

Phillip’s shots ignited a scene of chaos, and police believe at least two other people fired guns in response to the shooting, as reported by the Tampa Bay Times.

Multiple videos on social media show the distressing scene. People fell to the ground. Some ran for cover. Sixteen people were injured — fifteen with gunshot wounds — and two were left dead.

Who Fired the Shots?

Roughly 50 police officers had been patrolling the area at the time of the shooting. Their response was quick, but they are still struggling to uncover exactly what happened.

It was immediately clear that two people were seriously injured. Harrison Boonstoppel, 20, an innocent bystander who was not involved in the altercation, was shot three times and rushed to the hospital where he would later die from his injuries.

A teenager, 14-year-old Elijah Wilson died on the scene.

At the scene, Phillips approached police and said he was one of the people who fired shots. He explained to officers that he thought he was acting in self-defense. Police found a loaded Glock 29 10mm pistol in his front waist pocket. Phillips said he fired two shots, and police later found three shell casings that matched his gun.

Phillips said Wilson was one of the people who confronted him. Police found a loaded gun on Wilson, but the weapon was still holstered and appeared to be unused.

In total, seventeen people were shot that night. Police say Phillips and at least two other people fired guns that filled the streets with bullets. Now, they are trying to determine who fired the other guns. 

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

Searching for More Shooters

Security cam and social media footage have given police a collection of videos to review.

Police say one video confirms that Wilson is the one who spat at Phillips. While the video doesn’t show Wilson make a move to draw his gun, it does show another one of the young men with him appear to make a motion toward his waistband.

There was enough evidence to charge Phillips with second-degree murder in the death of Wilson.

Police are now trying to determine who else fired shots that night and who is responsible for the death of Boonstoppel.

The Tampa Bay Police Department has partnered with the FBI to create a website where citizens can submit tips and upload photos and videos that can help investigators identify other shooters. Police have also released a video that shows multiple individuals police would like to question about the incident.

If you have questions about a pending criminal case, schedule a call with TJ Grimaldi. Request your consultation or call 813-226-1023.

Supporting Those Impacted by Gun Violence

As the Executive Director and a Board Member of The Oulson Family Foundation, TJ Grimaldi works to support young people impacted by gun violence. The Oulson Family Foundation is a non-profit that was created to honor the life and legacy of Chad Oulson. Oulson’s life ended too soon after a senseless act of gun violence.

The Oulson Family Foundation helps children get the resources they need in the wake of being impacted by gun violence. Learn more about The Oulson Family Foundation and see how you can help support children impacted by gun violence.

Florida Highway Troopers are on patrol — in Texas. Why did Florida Governor Ron DeSantis send Florida officials to Texas, and how does this tie into his approach to immigration?

Declaring a State of Emergency

In 2023, Ron DeSantis started the year by declaring a state of emergency related to illegal immigration.

In January 2023, the governor called in the Florida National Guard and issued an executive order that directed state agencies to help patrol the water around the Florida Keys after roughly 500 Cubans and 130 Haitians arrived on shore in the last week of 2022, as reported by the Tampa Bay Times.

Funding for the efforts came from an “Emergency Preparedness and Response Fund” that gave DeSantis $500 million to use at his discretion to deal with emergencies.

DeSantis’s $500 Million Emergency Fund

DeSantis received the emergency fund in February 2022 when Florida legislators passed a bill that gave DeSantis direct access to $500 million he could use in times of emergency. The fund removed the need for Florida state legislators to be involved with and review how the money is used.

As of July 2023, DeSantis had spent at least $15.2 million of the fund to address immigration issues.

According to reporting by the Tampa Bay Times, $4.5 million was used to support the Florida National Guard’s response to a state of emergency DeSantis declared in January 2023, and $10.7 million was used to respond to a separate state of emergency he declared back in 2021.

This spending is in addition to another $3.3 million DeSantis spent — in Texas.

Spending Millions on Immigration in Texas

Not all of the emergency funding has been spent in Florida. In June 2023, DeSantis used $3.3 million of the emergency fund to cover the cost of sending resources to the southern border in Texas.

After Texas Governor Greg Abbott requested assistance from other states to help support border security efforts in his state, Florida and nine other states responded to his call.

DeSantis announced that he would send over 1,100 assets to Texas. Resources included 101 Florida Highway Patrol Troopers, 200 Florida Department of Law Enforcement Officers, 20 Florida Fish and Wildlife Conservation Commission Officers, and 800 Florida National Guard Soldiers.

Florida officials were sent to Texas and given “the same arrest and law enforcement powers, rights, and privileges while operating within the state limits of Texas as are ordinarily afforded law enforcement forces of the State of Texas,” records show.

It’s reported that the efforts will cost Florida $3.3 million. In most cases, states are reimbursed when sending emergency assistance to other states, but Abbott requested assisting states to “absorb associated costs with this mission in support of the entire country,” per reports.

The situation isn’t the first time DeSantis has spent millions on immigration in Texas. In 2021, DeSantis sent Florida law enforcement officers and equipment to the border in Texas. The cost is estimated to have been around $1.6 million.

The DeSantis administration also reportedly spent at least $615,000 in Texas in September 2022 when his administration chartered planes to take migrants from Texas to Martha’s Vineyard, Massachusetts. The funds to pay for the transportation were taken from a $12 million state budget set aside to transport unauthorized migrants out of Florida — although the migrants were removed from Texas, not Florida.

Success or Scrutiny at the Southern Border?

There is little reported about what Florida personnel at the Southern border are doing or responsible for. The DeSantis administration says Florida’s support has helped Texas deal with the crisis at the border. Yet, Florida’s involvement in Texas has also come under some scrutiny.

Reports of mistreatment of immigrants at the border have brought questions as to the involvement of Florida’s officials.

Also in September, a video of a Florida Highway Patrol officer went viral after it was posted to TikTok. In the video, an officer in a Florida Highway Patrol vehicle is seen stopping a 36-year-old man and asking him for identification in Texas. The man informs the Florida officer that Texas law only requires individuals to show their ID to a police officer under certain conditions, which were not met during the interaction. The Florida officer eventually drove away. It is an incident that critics say highlights the confusion of having Florida officers acting in another state.

Talk to an Experienced Immigration Attorney

Immigration law in the United States is vast and complex. If you are dealing with an immigration case, talk to an experienced immigration attorney right away.

Schedule a free case review with TJ Grimaldi. Ask questions, share the details of your circumstances, and get clarity and assurance from an experienced attorney. We understand that dealing with immigration can be confusing, which is why we offer flat-fee pricing for our immigration law cases. Schedule your consultation or call 813-226-1023 now.

The story depicted in the Netflix documentary, “Take Care of Maya” is now playing out live in a Florida courtroom. What led to the documentary and now, a $220 million dollar lawsuit over the care — or lack of care — for a ten-year-old girl?

A Sick Little Girl

The parents of Maya Kowalski were at a loss when their daughter started showing unusual symptoms that left her in excruciating pain and struggling to walk. Maya suffered from headaches, asthma attacks, and painful lesions that formed on her arms and legs.

The family finally found some relief when an anesthesiologist and pharmacologist in Tampa, Florida, Dr. Anthony Kirkpatrick, diagnosed Maya with complex regional pain syndrome (CPRS).

CPRS is a type of chronic pain that usually affects an arm or a leg.

Dr. Kirkpatrick specialized in CRPS and built a treatment plan for Maya that included the use of the anesthetic drug ketamine through infusions. The treatment helped Maya with her symptoms, but roughly a year into the treatment, Maya had a flare-up that led her parents to bring her to Johns Hopkins All Children’s Hospital in St. Petersburg, Florida.

In October 2016, Maya, who was ten at the time, was admitted to the hospital. Her parents attempted to explain her diagnosis and treatment plan to doctors, but the hospital team didn’t seem to agree with their explanation.

Related: Dealing With the Media During a High-Profile Case: What to Expect

Questions of Child Abuse

When Maya’s parents, Jack and Beata Kowalski, asked for Maya to receive additional ketamine treatments, the hospital staff was skeptical. The Kowalskis asked for Maya to be discharged so they could take her to another facility, and the hospital refused. Staff contacted Sally Smith, the medical director of the county’s child protection team, and gave her access to Maya’s medical records, according to Fox 13.

Smith filed a report that questioned Maya’s mother’s mental health and whether Maya was faking or receiving unnecessary meditation.

Six days later, a judge ruled that Maya wasn’t allowed to be discharged to her family or another treatment facility. She was placed into state custody and ordered to not have contact with her mother while the case was being investigated.

The report accused Maya’s mom, a registered nurse, of Munchausen by proxy, a mental illness and a form of child abuse in which the caretaker of a child makes up fake symptoms or causes real symptoms to make it look like the child is sick.

Related: 11 Examples of Medical Malpractice Case Worth Fighting For

A Painful Separation

Maya was held at Johns Hopkins All Children’s Hospital for three months without any in-person interaction with her mother.

The separation was painful for both Maya and her family.

The lawsuit claims Maya was “held captive.” The family’s attorney Gregory Anderson told The Daily Mail, “These events amount to an abduction, incarceration and abuse of a ten-year-old girl. Her parents were irreparably defamed and damaged.“

Anderson also says the three months spent at Johns Hopkins All Children’s Hospital held Maya back from receiving immediate relief and will have a long-term impact on her disorder. He said they “removed all proven therapies and treated her as a psychiatric patient. As a consequence, her CRPS is now a threat to her life and will manifest over her ’30s, early ’50s with more frequent, longer duration and more severe and painful events.”

The separation also had tragic consequences for Maya’s mother.

After the separation, Maya’s mother was diagnosed with a depressive mood and adjustment disorder. After months of being separated from her daughter, Beata committed suicide.

Related: Examples of Wrongful Death Cases Worth Fighting For

An Exoneration, a Documentary, and a Trial

Shortly after Maya’s mother Beata took her own life, the order to keep Maya from her family was lifted. The Kowalskis were exonerated on January 14, 2017, after the hospital found that Maya’s condition failed to get better and determined that her mother was not causing her symptoms, according to reporting by Tampa Bay Times.

In 2017, the Kowalskis retained AndersonGlenn LLP, and they filed a lawsuit in 2018. They have been fighting to get justice ever since.

Their story was recently shared in the Netflix documentary, “Take Care of Maya” which came out in June 2023. And now, their case has finally made it to trial.

The Kowalskis previously sued Dr. Sally Smith and her employer, Suncoast Advocacy Services Kowalskis, and won $2.5 million in a settlement.

Now, the Kowalskis are seeking $220 million in damages from Johns Hopkins All Children’s Hospital, $55 million in compensatory and $165 million in punitive damages. They say they will need medical care and therapy for the rest of their lives for Maya, her father Jack, and her brother Kyle.

Family members, doctors, and nurses will testify as a jury determines whether or not Johns Hopkins All Children’s Hospital is at fault for keeping Maya away from her family.

Related: How Do You Sue for Wrongful Death? 

Protect Your Family & Fight For Justice

If you or a member of your family was mistreated by medical staff in a way that led to physical, emotional, or financial damages, you deserve justice. A personal injury attorney or a wrongful death attorney can guide your family on a path to recovery. If you have a case to review, get a free consultation with TJ Grimaldi. Request your consultation or call 813-226-1023.