Cyber Crimes: Cyberstalking & Electronic Harassment
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:
- 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.
- 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.
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:
- “Course of conduct” is a legal standard that requires that at least 2 or more acts occur over a given period of time.
- 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.
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.
- 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.
No matter if you are facing charges for cyberstalking, electronic harassment, or any other cybercrime, we understand the immense and permanent impact such charges and their penalties can have on your life.
William Kroger has been an LA criminal defense attorney for decades and has a long, proven track record for successful defenses against nearly every charge on the books. He, along with the rest of our legal team, are a known and trusted presence in the Los Angeles criminal defense system.
Contact William and our team here as soon as possible at 323-655-5700, or right here online, for a free consultation to discuss your case. The sooner you get in touch, the sooner we can begin preparing your legal defense and the better the chance for a positive outcome.