Cyberstalking is a violation categorized under the California stalking laws. 
As defined in Penal Code 646.9, cyberstalking is defined as:
“Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking…”
For the purposes of the term “credible threat”, the code also states that a credible threat can be described as:
“a verbal or written threat, including that performed through the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent to place the person that is the target of the threat in reasonable fear for his or her safety or the safety of his or her family, and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family. It is not necessary to prove that the defendant had the intent to actually carry out the threat. The present incarceration of a person making the threat shall not be a bar to prosecution under this section” (Penal Code 646.9)
The following may be considered cyberstalking:
- unwanted threatening or harassing emails
- unwanted and/or disturbing pages, instant messages, text or “sext” messages (explicit photos or messages from cell phone to cell phone)
- posing as another person in a chat room and writing things on behalf of that individual that are intended to anger other chat room participants
- posting embarrassing or humiliating information about the alleged victim
- posting personal information (including a phone number, address, workplace, etc.) about another person encouraging others to harass that person
- logging into on-line accounts to empty a person’s bank account or ruin a person’s credit
If you or someone you know has been charged with cyberstalking, you need an aggressive attorney to find the defense that is right for you. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 for a FREE 30 minute consultation. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!
