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Cyber Crimes: Cyberstalking & Electronic Harassment

Cyber Crimes: Cyberstalking & Electronic Harassment

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What is Cyberstalking?

Cyberstalking is the use of any way, shape, or form of electronic communication to harass another person. Cyberstalking can occur over various social media mediums like Facebook, Twitter, or Instagram–– as well as via text messaging.

  • Cyberstalking includes all forms of the harassment above that utilize an “electronic communication device” such as:
    • Telephones
    • Cell-phones
    • Computers
    • Video recorders.
    • Other common electronic devices.
  • LA Cyberstalking Defense Attorney Bill Kroger is well versed in the intersection between harassment and cyber crimes. As such, he is well equipped to help defend you best.

What does the law say about Cyberstalking?

  • California Law was officially changed in 1998 to include “electronically communicated threats under Penal Code 646.9 which deals with general harassment.
  • Federal Law (Title 18, United States Code, Section 2261A) includes the “use of any interactive computer service” to cause emotional distress or fear of bodily harm or death to the person:
    • Subject to the cyberstalking;
    • Their immediate family; or
    • Their intimate partner
  • If the victim is your spouse or intimate partner, it is likely that prosecutors will also charge you under California's Domestic violence This may incur additional punishment.

What are the Elements of Cyberstalking?

Anyone who willfully, maliciously, and repeatedly:

  • Harasses another person; AND
  • Makes a credible threat with the intent to place that person in reasonable fear of his or her safety.

… is guilty of the crime of stalking.

What is the definition of “Harassment”?

  • Any Knowing and willful course of conduct that seriously:
    • Alarms
    • Annoys
    • Torments
    • Terrorizes

… the person.

  • “Course of conduct” is a legal standard that requires that at least 2 or more acts occur over a given period of time.

 Can you get a restraining order from Electronic Harassment?

  • Because cyberstalking is treated similarly to physical stalking under California law, restraining orders can be issued by the court.
  • The court can consider issuing a restraining order that will remain active for up to 10 years if you are found guilty of cyberstalking.

What are the penalties?

First time offenders:

  • Fine not more than $1000
  • County jail for not more than one year
  • Fine& County Jail.

Second time offenders:

  • You may be required to register as a sex-offender.
    • This punishment usually depends on the facts of your case.
  • Imprisonment in the state prison for 2,3, or 5 years.

Cyberstalking is a “Wobbler”.

  • A Wobbler offense is one that can be charged as either a Misdemeanor (carrying a punishment of less than one year of county jail time) or a Felony (Over a year in state prison).
  • The prosecutor of your case will decide how you are charged based on your criminal history and the facts of your case.

Legal Defense Strategies: How we can help 

William S. Kroger is a smart, knowledgeable and experienced criminal defense attorney. He represents clients who have been charged with both physically verbal harassment and cyberstalking harassment.   

William S. Kroger and his team of experienced criminal defense attorneys understand that if you are facing a criminal charge related to cyber crimes, it can deeply disrupt your life. William S. Kroger is committed to your defense. His proven track record of exceptional criminal defense is your best option to defend yourself. Contact William S. Kroger Attorney at Law today at (323) 655-5700 to discuss your case. The sooner you retain legal counsel, the sooner he and his legal team can begin work on your case.

Contact William S. Kroger Today

If you are in need of an experienced criminal defense lawyer in Los Angeles, CA who is proficient in marijuana, drug & criminal law, there’s simply no better attorney than William S. Kroger. Contact Me