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Cyber stalking is defined as the use of the Internet, email or other electronic communications to stalk, and generally refers to a pattern of threatening or malicious behaviors. It could be considered as the most dangerous way of harassing some one as the victim has very few or limited options to identify the stalker. As the Internet becomes an ever more integral part of our personal and professional life, stalkers can take advantage of the ease of communications as well as increased access to personal information. A cyber stalker may send repeated, threatening, or harassing messages by the simple push of a button. More sophisticated perpetrators use programs to send messages at regular or random intervals without being physically present at the computer terminal. In the United States, several law enforcement teams have been formed to combat these crimes. For example Federal Bureau of Investigation has a dedicated Computer Crime Squad probe into the matter related to cyber crime of any form. Under article 18 of the United States Code 875 (c), cyber stalking is a federal crime, punishable by up to five years in prison and a fine of up to $250,000, to transmit any communication in interstate or foreign commerce containing a threat to injure the person of another. Section 875(c) applies to any communication actually transmitted in interstate or foreign commerce - thus it includes threats transmitted in interstate or foreign commerce via the telephone, e-mail, beepers, or the Internet. Certain forms of cyber stalking also may be prosecuted under 47 U.S.C. 223. One provision of this statute makes it a federal crime, punishable by up to two years in prison, to use a telephone or telecommunications device to abuse, harass or threaten any person. This article answers some of the frequently asked questions on various aspects of laws associated with this crime. What is cyber stalking?
It is an illegal act of stalking somebody using internet and other electronic devices. It can include making wrong accusations, posting malicious comments on somebody’s social networking account, monitoring of someone’s actions, making threats, damage to data or equipment etc. As it leaves the victim in a state of complete shock and confusion, it is always advisable to retain the services of a criminal lawyer in such cases. Can a restraining order be placed if someone is being harassed by text messages in the state of Mississippi?
In the state of Mississippi, if the alleged stalker has lived with the person who is bringing in the complaint, the court can grant temporary restraining order. The court then sets a hearing date to decide whether the restraining order should stay or not. And during that time, the complainant need to prove that the person is harassing him/her over text messages and he/she is feeling threatened because of this. If the stalker has never stayed with the complaint or the complainant is being harassed by an unknown person, then he/she need to approach the law enforcement agencies on this. This apart, the victim can also retain the services of a criminal lawyer on this issue. What could be the maximum punishment for a person charged with cyber stalking crime?
The first thing here is that the court will defer the trial/hearing until the accused is represented by an attorney. Once the attorney is appointed, the accused will either has to plead guilty or not guilty. Even, his/her attorney can make a deal with the court by asking the judge for a ‘deferred adjudication’. Also known as ‘diversion’, this is a type of probation that will usually not be on the record as a conviction after its completion. The time frame of the probation depends on the charges pressed. Later on this conviction can be expunged. You can get in touch with a criminal lawyer to know more about this issue. According to the Louisiana’s cyber stalking law, can someone file a lawsuit if his ex wife’s new boyfriend is sending threatening emails from the ex-wife’s email id?
Yes, you can press charges if you find the email threatening. You should not respond to those mails and submit everything to the police or DA. You can even ask for a protective order and once you obtain this, you would have to serve it to the offender. If the offender does not stop sending further intimidating mails, then additional charges can be pressed against him. What are the laws related to cyber stalking in the state of Kansas?
That Kansas Cyber stalking Laws fall under Statute 21-3438, which also covers stalking in general. Under 18 U.S.C. 875 C, it is a federal crime and can be result in up to five years in prison and a fine up to $250,000. K.S.A 21-2428 refers to cyber stalking as “an intentional, malicious and repeated following or harassment of another person and making a credible threat with the intent to place such person in reasonable fear for such person’s safety.” Under 18 U.S.C. 875 C, it is a federal crime and can be result in up to five years in prison and a fine up to $250,000. The federal law only applies to communication of actual threats. Kansas law only requires a threat to be made. This threat is need not be physical but a threat that puts the other person in fear of his/her safety. If you have any questions on this issue, you should always ask a criminal lawyer who can assist you.
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