The digital age, dominated by social media and instant messaging, has inadvertently given rise to cyberbullying. This electronic act of aggression isn’t just a moral concern; in many instances, it breaches the boundary into criminal territory.
Although California doesn’t explicitly address cyberbullying in its penal codes, the state does have regulations against behaviors synonymous with it, like stalking, harassment, and certain digital communications meant to harm. Read on to get the facts. If you are facing this or similar charges, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
Understanding Stalking in the Cyber World
According to California law, stalking takes the form of intentional, harmful, and persistent following or harassment. To secure a conviction, the prosecution must confirm that the accused intentionally harassed or continuously followed someone and made a believable threat intended to cause fear concerning the safety of the victim or their immediate family. This threat could be verbal, written, or transmitted electronically and should convey a genuine ability to execute the threat.
Being convicted of stalking in California carries varying consequences. Labelled as a “wobbler” offense, the prosecution can classify it as either a misdemeanor or a felony, based on the case’s specifics. Misdemeanor convictions could result in:
- Fines up to $1,000
- A maximum of 1 year in county jail
However, a felony conviction could lead to:
- Fines amounting to $10,000
- A prison term ranging from 16 months to 3 years
The Seriousness of Online Threats
Digital threats can also land you in legal hot water. In order to be prosecuted for making an online threat, specific criteria need to be met. This includes the intentional delivery of a threat, via verbal, written, or electronic means, that suggests a severe crime resulting in bodily harm or death. The threat should be clear, immediate, and incite genuine fear in the victim about their safety or their family’s.
Such offenses, also categorized as “wobbler” crimes, can lead to:
- Fines up to $1,000 (for misdemeanors)
- A year in county jail (for misdemeanors)
- Fines as high as $10,000 (for felonies)
- Up to 3 years in state prison (for felonies)
The Dark Realm of Sextortion
In the domain of cybercrimes, ‘sextortion’ or sexual extortion has gained notoriety. It involves threats to expose explicit photos or videos, typically to demand money or sexual favors. With the internet’s rise, sextortion has become a growing concern.
Depending on the case’s specifics, sextortion charges might equate to those of traditional extortion as outlined in the California Penal Code. Being a felony, extortion can lead to:
- Fines up to $10,000
- A prison stint between 2 to 4 years
Moreover, if explicit images or videos of the victim are shared non-consensually, causing them considerable emotional distress, it could violate California’s revenge porn laws. The guilty party could then face:
- Fines amounting to $1,000
- Up to 6 months in county jail
Seeking Guidance
If you believe you’re implicated in a cyberbullying case, consulting experienced attorneys like those at Chambers Law Firm can be invaluable. To get in touch, call 714-760-4088 for a detailed conversation on your rights and possible defenses.
