What Is Cyberstalking — And Is It a Crime?

The law recognizes that stalking can take many different forms in the modern era

What Is Cyberstalking — And Is It a Crime?

In the past, stalking usually involved following someone, or perhaps showing up at places where you know that they would be. However, in the era of the internet, social media, smart phones and tablets, the California legislature added a new form of stalking to its criminal code: cyberstalking.

As a stalking defense attorney in San Bernardino, CA can explain, stalking is defined as harassing or threatening another person to such an extent that they fear for their safety or the safety of their family. Cyberstalking involves stalking someone through the use of an electronic communication device, such as the internet, e-mail, text messages, the phone, a video message, a fax machine, or any other electronic device. This can happen in any number of ways, from sending threatening e-mails to posting humiliating information about a person online, or posting personal information about someone and encouraging others to harass them.

To convict a person of cyber stalking, a prosecutor must prove four separate things, known as elements of the crime:

  • The defendant maliciously or willfully harassed another person; and
  • Made a credible threat against that person;
  • Which placed that individual in reasonable fear for their safety or the safety of their family; and
  • The threat was communicated by means of the internet or another electronic communication device.

Cyberstalking is a wobbler offense, which means that it may be charged as either a felony or a misdemeanor, depending on the facts of the case and the defendant’s criminal history. If it is charged as a felony, the sentence may include up to 5 years in California state prison, fines of up to $1,000, and possible registration as a sex offender for life (if a judge finds that the stalking was done for the purpose of sexual gratification or from sexual compulsion). If it is charged as a misdemeanor, it is punishable by up to 1 year in county jail and/or fines of up to $1,000.

Importantly, if the alleged victim is a current or former intimate partner, someone you share a child with, or someone that you live with, you could be charged with cyberstalking under California’s domestic violence laws. As a result, you could face additional penalties if you are convicted of this crime.

A seasoned stalking defense attorney in San Bernardino, CA can defend you against cyberstalking charges in a number of ways. A key element of the offense is that you made a credible threat to the victim. If you make a threat that simply isn’t credible, like that you will beat a person up when you are confined to a wheelchair, then this may be used a defense. Similarly, if the alleged victim doesn’t have a reasonable fear for their safety, then it may be a defense to the charge against you.

The Chambers Law Firm represents people who have been charged with a range of California crimes. We aggressively defend each of our clients, working to secure their rights and freedom. If you have been charged with a criminal offense, we are here for you. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation with a stalking defense attorney in San Bernardino, CA.

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