Southern California Criminal Lawyer Blog
Electronic internet communication is a crucial form of communication, now more than ever. Whether texting, tweeting, instant messaging, posting, or going live on a social media platform, children and adults average seven hours on Facebook and five hours on Youtube weekly. On top of these figures, the average Americans check their phones 63 times a day. Unfortunately, the internet does not always provide a safe space for viewers. Cyberstalking is prevalent, and it’s put many people in harm’s way.
If the state has accused, arrested, and charged you with cyberstalking, you need to take this charge seriously. That’s because cyberstalking is a crime that comes with serious penalties. A conviction of it will damage your reputation, hinder your career goals, and possibly haunt you for years to come. If you’ve been charged, don’t wait. Contact The Justice Firm to speak with one of our seasoned Los Angeles cyberstalking criminal defense lawyers today. We provide legal assistance and results you can trust.
California’s Cyberstalking Laws
California has strict and clear laws regarding appropriate and inappropriate internet behavior. But cyberstalking doesn’t only take place on social media. It includes any form of electronic communication that you use to harm others. In short, you may not use any electronic communication device to harass or threaten others to the point where they live in fear for the safety of themselves or their family. Electronic communication includes:
- video messaging
- emailing
- texting
- instant messaging
- faxing
- calling
There are many scenarios under which cyberstalking can occur. A notorious instance of cyberstalking involved a spurned lover who posed as someone else to solicit the rape of the woman who rejected him. For example, just three weeks after California banned cyberstalking, a security guard was arrested for placing internet ads in the name of the woman who’d turned him down, claiming that she had rape fantasies. He even posted her address and how to disarm her home security system. But an accusation of cyberstalking may stem from seemingly less extreme circumstances, such as
- posting embarrassing information about someone, regardless of whether it’s true
- posting sensitive information about someone (e.g., address, workplace, school) to encourage others to harass that person
- posing as someone else and writing offensive material to make others think the person you’re posing as wrote it
Bear in mind that electronic devices store a record of your search history and past communications. Even if you believe that you’ve wiped your browser clean, you should be concerned because you may not have deleted everything you thought you did. Not to mention, there are numerous ways to retrieve deleted data. Fortunately, your electronic devices are your personal property. Officers may not search them without a valid warrant.
California Criminal Penalties For Cyberstalking
Cyberstalking is a wobbler offense. This means that a California prosecutor may charge you with a misdemeanor or felony. If you’re charged with a misdemeanor, you may face up to one year in county jail and pay a fine of up to $1000. If you’re charged with a felony, you may face up to five years in prison and pay a fine of up to $1000.
Contact A Skilled Los Angeles Criminal Defense Lawyer
If the state accuses you of this crime, you should contact a capable Los Angeles criminal defense lawyer. This is a crime that comes with costly penalties. To reduce the likelihood of suffering those penalties for cyberstalking, call us toll-free at 866-695-6714 or locally at 310-914-2444. To schedule a free consultation, you may also fill out our contact form here. We offer immediate response through our 24/7 live answering service.
Click here to find out more about computer crimes in California.