The media frequently makes light of cyberstalking, but California treats these incidents seriously. Cyberstalking is defined as stalking using any technological means, not simply the internet, in the penal code of California. It entails following, bothering, tracking, finding, and/or contacting someone without their permission. Email, texts, entries in online forums, instant chats, etc. fall under this category.
Numerous behaviors could be considered cyberstalking
California allows for the prosecution of numerous types of cyberstalking. They consist of sending threatening or pornographic emails, placing orders under someone else's identity, posting fake information on message boards, blogs, etc., or publishing details about someone with the purpose to incite criminal activity.
California's potential repercussions for cyberstalking
Cyberstalking is a less serious offense in California. As a result, the prosecution has the option of charging it as a felony or a misdemeanor. When deciding on the sort of charge, they will take into account a variety of things, including the accused's previous history and the particulars of the offence. If found guilty of a misdemeanor, the maximum sentence is one year in jail and a $1,000 fine.
That may seem severe, but keep in mind that a felony conviction can result in a sentence of up to five years in prison and fines as high as $1,000. Depending on the circumstances, a felony conviction may also have further repercussions, such as a restraining order prohibiting contact with the accused victim, commitment to a mental health facility, or listing on the sex offender registry.
Up to four years might be added to the prison term if the stalking involves breaking a restraining order. If a person has previously been convicted of felony stalking, sentence enhancements could add an additional five years to their jail term. A person may also be subject to sentencing increases if they have a history of domestic violence or criminal threats.
It may be considered a federal crime and prosecuted as such
Cyberstalking may occasionally be charged as a federal offense. A nationwide anti-stalking statute was implemented in 1996, making it illegal to follow someone from one state to another. If stalking occurs on military or U.S. territory lands, such as Indian reservations, it is also a federal offense. There is only one thing to do, regardless of the type of cyberstalking offense you are alleged to have committed.
Call (949) 585-9055 to get in touch with Law Office of Michael L. Fell. We'll begin with a free case evaluation in which we'll discover the fundamentals of your situation and provide our best recommendations for how you could move forward. Then, we may look at the evidence against you and construct the strongest possible defense. If there is substantial evidence against you, we might pursue a plea deal that lessens the punishments. Call us right away to find out more about your specific possibilities.