The cyberstalking laws in California underscore the gravity of this crime. It is a serious offense to stalk anyone using an electronic communication device, a form of online harassment that can be particularly insidious due to the veil of online anonymity. This violation of personal safety and privacy is a matter of utmost seriousness that demands immediate attention.
Under Penal Code 646.9 PC, stalking is defined as harassing or threatening another person to the point where they fear for their safety or their family. This law was amended in the 1990s, modifying the definition of credible threats to include “electronically communicated threats.”
An electronic communication device can include a cell phone, landline, text messages, email, or other devices. New technology often requires new laws and techniques to protect against abuse.
For instance, the Los Angeles District Attorney's Office has a dedicated unit, the “Stalking and Threat Assessment Team (STAT),” Which is a beacon of hope for those affected by cyberstalking.
This team, comprising experienced professionals, works closely with LAPD detectives, providing crucial support in assessing the severity of the cyberstalking and aiding in the construction of a robust case.
Cyberstalking is a form of PC 646.9 stalking in California that can be filed as either a misdemeanor or felony, called a “wobbler.” The decision by the prosecutor on what to file typically depends on:
- Whether the victim filed a restraining order,
- Criminal record of the defendant
- If the stalking is related to a domestic violence case.
Anyone charged with cyberstalking may also face allegations related to child pornography, sexual assault, or emotional, physical, or financial abuse. These additional charges can significantly increase the severity of the case and the potential penalties. It's essential to note that cyberstalking cases have become increasingly frequent on social media and other internet platforms. Our California criminal defense lawyers will review further below.
Definition of Cyberstalking
California Penal Code Section 646.9 defines the crime of cyberstalking as “Anyone who willfully, maliciously, and repeatedly follows or harasses someone and makes a credible threat with the intent to place them or their family in reasonable fear for their safety is guilty of stalking.”
People charged with stalking at large are being accused of purposefully and repeatedly driving to harass someone. This type of unlawful conduct can occur in various ways, including on social media platforms and chat rooms.
Harassment, in the context of this law, means engaging in willful behavior directed at someone with the intention of annoying or tormenting them for no legitimate purpose. The conduct that California law considers cyberstalking includes repeated direct messaging and "doxxing" a person's personal information.
These behaviors, along with a "credible threat to someone," as defined by California Penal Code Section 646.9(g), result in hefty fines and jail time.
Related California Offenses
- Penal Code 653m PC – annoying phone calls,
- Penal Code 288.2 PC – sending harmful matter to a minor,
- Penal Code 422 PC - criminal threats,
- Penal Code 653.2 PC – posting harmful information online,
- Penal Code 647(j)(4) PC – revenge porn,
- Penal Code 207 PC – kidnapping.
18 U.S.C. § 2261A makes federal stalking and cyberstalking an electronic federal offense.
What Factors Must Be Proven?
You could face cyberstalking charges for various reasons. The internet is challenging to regulate, and engaging with someone online may violate their right to privacy. However, anyone online has certain protections, such as the freedom of speech.
If you have been accused of cyberstalking, it is essential to consult with a criminal lawyer immediately. The complexity of the internet and the potential violation of privacy rights make it crucial to seek legal advice as soon as possible.
To be convicted of cyberstalking, the prosecutor has to prove all the elements of the crime (CALCRIM 1301) beyond a reasonable doubt, which include:
- You willfully and maliciously harassed another person,
- You made a credible threat to someone that caused reasonable fear,
- You communicated using the internet or other electronic devices.
Cyberstalking Penalties
Cyberstalking can be charged as a misdemeanor or felony, depending on the details of the case. A misdemeanor charge is usually filed in cases where the defendant has no criminal history.
The penalties for cyberstalking can be severe, underscoring the gravity of the offense. A misdemeanor charge, typically for individuals with no prior criminal history, can result in up to a year in jail and a fine of up to $1,000, a consequence that should not be taken lightly.
A felony conviction, especially for those with a prior criminal history, can result in a potential sentence of up to 3 years in state prison, or up to five years for repeat offenders.
Depending on the circumstances of the case, the court might require a defendant to register with California's sex offender registry under Penal Code 290 PC. A judge will impose sex registration if they believe you stalked the victim for sexual compulsion or sexual gratification.
A defendant could also be ordered to participate in counseling and be sentenced to serve time in a state-run mental illness facility. They will also have a restraining order issued against them prohibiting contact with the victim.
A prosecutor could charge you with cyberstalking related to domestic violence, which could result in additional penalties if the victim was your spouse, someone you live with, or someone in a dating relationship.
How To Fight Cyberstalking Charges
We could use various common defenses to challenge the charges if you were accused of cyberstalking. Perhaps the person accusing you has malicious intentions of their own, such as to be used in:
- Divorce proceedings,
- Child custody battle, or
- Spite after a relationship breakup
Perhaps we can argue that the alleged online harassment was misinterpreted or meant no actual harm to the victim.
A strong defense against cyberstalking charges is “reasonable doubt.” This means that the prosecution must prove malicious intent beyond a reasonable doubt and provide evidence of aggressive, unlawful behavior. If there is any doubt about the defendant's guilt, the jury must acquit.
Many cyberstalking charges in California courtrooms deserve to be taken seriously, but some cases filed are not warranted.
There are legal processes, such as prefiling intervention, that can be used to negotiate with the prosecutor and potentially reduce charges or have the case dismissed. Prefiling intervention involves presenting evidence or arguments to the prosecutor before the case is formally filed, with the goal of influencing their decision. This information helps the audience feel informed and prepared for the legal proceedings.
Cron, Israels & Stark is located in Los Angeles County, California. We provide legal representation to individuals throughout Southern California, including Ventura, Orange, San Bernardino, and Riverside Counties. You can reach us for an initial consultation by calling (424) 372-3112 or using the contact form.
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