What Is Cyberstalking?

Some crimes have changed over the years as more people rely on computers, the internet, and mobile devices. This includes stalking, which is referred to as “cyberstalking” when it involves the use of the internet or electronic means.

Threats to victims of cyberstalking come through social media sites or instant messaging. It can be difficult to identify the stalking in cyberstalking cases. Unfortunately, some people are falsely accused of cyberstalking because someone used their IP address or hacked into their account.

Cyberstalking can be a state or federal crime. For more information about how to defend yourself against cyber-harassment charges, talk to a criminal harassment defense lawyer.

What Is Cyberstalking?

Cyberstalking is a type of stalking behavior that involves the internet, social media, or online contact. Stalking laws usually prohibit repeated contact and credible threats of harm or abuse.

For example, in California, stalking involves willful, malicious, and repeated following or harassment, and making a credible threat with the intent to cause fear. Cyberstalking is this type of behavior through electronic communication.

Types of electronic communication used in cyberstalking can include:

• Mobile phone number
• Email
• Social media accounts
• Text message
• Computer
• Video recorders

Federal Cyberstalking Laws

Cyberstalking is also a federal crime. Cyberstalking became part of the federal stalking offenses as part of the Violence Against Women Act. Under federal law, cyberstalking is stalking that uses any online activity or electronic communication service that places someone in reasonable fear of death, serious bodily injury, or substantial emotional distress.

What Are Examples of Cyberstalking?

There are many different forms of online harassment and cyberstalking. Types of cyberstalking behavior can include:

• Threatening to hurt someone’s family members in an online forum (trolling)
• Sending unsolicited explicit images or sexting
• Threatening to expose explicit pictures of someone else, also known as revenge porn
• Posting identifying information about someone online, including their phone number or address (doxing)
• Posing as someone else online to get other people to harass another person
• Installing spyware or stalkerware to spy on someone or track their movements

How Is Cyberstalking Different From Online Harassment?

Cyberstalking is related to online harassment. Online harassment can also include cyberbullying. Cyberbullying usually refers to children or teenagers being harassed online. The differences between cyberstalking and online harassment can depend on state laws. Generally, online harassment is a broader category that includes cyberstalking and cyberbullying.

What Are the Penalties for Cyberstalking?

Depending on state law, cyberstalking can be a misdemeanor or a felony offense. As a misdemeanor, a conviction for cyberstalking can result in fines and up to a year in prison. Felony cyberstalking can include up to five years in prison, fines, and a restraining order.

Under federal law, cyberstalking is punishable by up to fine years in prison and a fine of $250,000. Penalties can increase for repeated offenses. If cyberstalking causes the death of the victim, the penalty can include life in prison.

Some cases of cyberstalking are also sex crimes. This could include targeting underage victims of sexual harassment. As a sex crime, cyberstalking can require registering as a sex offender. Sex offenders have to register with law enforcement when they are released from prison. There may be limits to where a sex offender can live, work, and where they can go.

What Are Defenses to Cyberstalking Charges?

When stalking is done online, it can be challenging to know who is behind it. As with other cybercrimes, hackers can use anonymous social media platforms or additional IP addresses to conceal their identity. This can make it difficult to identify the perpetrator, but it can also cause the wrong person to face false accusations.

There are legal defenses to cyberstalking accusations. There may be little direct evidence that would link you to the crime. The alleged victim may only have screenshots of text messages or online messages from anonymous accounts. Your attorney can challenge the evidence to show that it is unreliable and should not be admitted in court.

Not all online communication is stalking. You may not have intended any harm even if you made online threats. Generally, cyberstalking behavior has to involve a reasonable threat of harm. If a reasonable person would not have felt threatened by the messages or you did not intend harm, it may not be stalking.

Other legal defense strategies can include arguing you were the victim of identity theft and that someone else used your accounts. Contact a criminal harassment defense lawyer about your legal defense options and how to fight cyberstalking accusations.