It should come as no surprise that cyberbullying is a serious issue in today's culture given the ubiquity of social media and texting. However, a lot of individuals are unaware that cyberbullying may go too far and turn into illegal behavior.

Although there isn't a particular law against cyberbullying in California, there are laws against stalking, harassment, and other harmful uses of internet communication. This page describes the many categories of illegal cyberbullying behavior as well as the associated consequences. Please contact Law Office of Michael L. Fell at (949) 585-9055 if you have a question or require a free legal consultation today.

Stalking

Stalking is described by California Penal Code Section 646.9 as persistently and deliberately pursuing or harassing another individual. The prosecution must demonstrate the following in order to convict you of stalking: you were following or harassing another individual knowingly and maliciously on a regular basis and you made a genuine threat with the intention of instilling reasonable concern for that person's safety or the safety of their close relatives.

A credible threat is one that is expressed verbally or in writing, including through an electronic communication device, or one that is inferred by a pattern of behavior, with the goal of inducing reasonable fear for the target's safety and the apparent capability to carry it out.

Stalking is a "wobbler" violation in California, which means that depending on the specifics of your case, you may be prosecuted with either a misdemeanor or a felony.

Criminal threats

You could be charged with a crime depending on the type of internet threat. In accordance with California Penal Code Section 422, there are requirements you must follow in order to be charged with making a criminal threat.

The defendant knowingly threatened to conduct a crime that would leave another person dead or seriously injured, the threat was delivered orally, in writing, or by electronic modes of communication, and even if there was no intention of carrying out the threat, the defendant had the express purpose that the utterance be interpreted as a threat.

The threat was so unambiguous, unconditional, immediate, and detailed that it gave the target an immediate sense that it would be carried out and as a result, the victim has a legitimate reason to fear for his or her personal safety or the protection of his or her close family members.

Sexual exploitation

A type of extortion connected to sex offenses is sextortion, sometimes referred to as sexual extortion. Threatening to publish someone's sexually explicit photos or videos is known as sextortion. With the growth of the Internet and social media, blackmail, which is typically an attempt to extort money or sexual favors, has become more prevalent.

If you have been charged with any type of cyberbullying charge, you can contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.