In the media, cyberstalking is frequently mocked, yet the state of California takes these incidents quite seriously. Cyberstalking is defined as stalking by any technological means, not simply the internet, according to the California criminal law. It entails following, harassing, irritating, finding, and/or contacting someone without their permission. This can include email, SMS, online forum postings, instant conversations, and other forms of communication.
Cyberstalking encompasses a wide range of behaviors.
In California, there are several types of cyberstalking that can be penalized. They include sending threatening or obscene emails, ordering items in another person’s identity, providing fake information on message boards, blogs, and other websites, and publishing information about someone with the goal of promoting criminal action.
California’s potential penalties for cyberstalking
Cyberstalking is a wobbler crime in California. This implies the prosecution has the option of charging it as a misdemeanor or a felony. When deciding on the sort of charge, they will consider a variety of variables, including the person’s criminal history and the nature of the offence. If you are charged with a misdemeanor, you may face up to a year in prison and a fine of up to $1,000.
That may seem severe, but remember that a felony conviction can carry a sentence of up to five years in jail and penalties of up to $1,000. A felony conviction may result in further sanctions, such as a restraining order prohibiting contact with the alleged victim, commitment to a mental health facility, or registration on the sex offender registry, depending on the circumstances.
If the stalking involves the violation of a restraining order, the jail term might be increased by up to four years. Sentence enhancements might result in five more years in jail for someone who has previously been convicted of felony stalking. If a person has already been convicted of criminal threats or domestic violence, they may face sentencing increases.
It’s possible that it’ll be prosecuted as a federal offense
Cyberstalking may be charged as a federal offense in some situations. A nationwide anti-stalking statute was established in 1996, making it illegal to stalk someone from one state to another. Stalking on U.S. territory areas, such as Indian reservations, or on military lands is also a federal felony. There’s only one thing you need to do if you’ve been accused of cyberstalking.
Simmons Wagner, LLP may be reached at (949) 439-5857. We’ll begin with a free case examination, during which we’ll understand the facts of your case and provide our best recommendations for moving forward. We can then look into the facts against you and put together the best possible defense. If there is a lot of evidence against you, we may try to negotiate a plea deal that decreases the punishment. Call us right now to learn more about your unique possibilities.