There are many types of stalking and cyber stalking is just one of the many forms of stalking. Any kind of stalking can be a scary time in a person’s life. The victims not only fear for their safety, but also the safety of their family. Cyber stalking can refer to the use of the internet, email or any other electronic devices to stalk another person. Read below where Lawyers have provided answers to the common questions on cyber stalking laws.
The definition of Cyber stalking is when someone uses the internet or some other electronic device to stalk or harass another person, group of people or an organization. Cyber stalking can include wrong accusations, monitoring of someone’s actions, making threats, damage to data or equipment, selling a minor for intercourse, etc. Cyber stalking is different from offline stalking, although it can lead to stalking outside of the internet and electronic devices. Much confusion occurs when referring to cyber stalking, victims of cyber stalking may not realize what is happening to them, what their rights are and what legal action they can take. If you have specific questions about cyber stalking, you can ask a Lawyer for legal insights and Expert opinion on your specific situation.
In the state of Mississippi many times the court will only issue a restraining order if the person is either the spouse, previous spouse or a person that is living or has lived with the person that is requesting the restraining order.
If the alleged harasser or stalker has lived with the person that is requesting the order, the accuser can go to the court and seek a temporary restraining order. The court would then set a date for hearing the case and decide on whether the order would stay in affect or not. During the hearing the accuser would need to prove that the other person is harassing, and establish grounds for fear of harm from the harassment. If the stalker/ harasser has not lived with the accuser, the best option would be to file a report with law enforcement.
During the hearing of the case, the court normally asks the accused how they plead. If the accused does not have an attorney appointed, the court may defer the hearing until there is an attorney available. Eventually the accused will either have to (1) plead not guilty and have a trial, (2) plead guilty, or (3) make a deal with the court. If there is an attorney, the attorney will normally ask the judge for a deferred adjudication also known as ‘’Diversion’’. This is a type of probation that will usually not be on the record as a conviction after the completion of classes. This conviction can either be wiped away with a Motion for Expungement or Motion for Sealing of Record, depending on the state. The probation period is usually community hours, a few self-improvement classes toward the offense, and drug tests. Probation time varies depending on the charge, and the deal worked out with the court. If you need specific Expert insights on your case and have legal questions that need answers, you can ask a Lawyer.
Case Details: This is in the state of Louisiana
In many situations, if the emails are threatening and have made you fear for your life, then you may have enough grounds to press charges. First, you should stop responding to these messages because responding tends to keeps the messages and threats going. You should keep the emails and provide copies to the police and/or DA’s Office and let them know about your intention to press charges. You can seek a protective order. Once you have filed a complaint and get the protective order, you would have to serve the order on the offender, and if the offender does not stop sending threatening emails, they can face additional charges.
In the state of Kansas there are laws that have a number of provisions about cyber stalking. Unser 18 U.S.C. 875 C, it is a federal crime and can be result in up to five years in prison and a fine up to $250,000. The federal law only applies to communication of actual threats. The state laws cover communications that annoy or harass. Kansas law only requires a threat to be made. This threat is need not be physical but a threat that puts the other person in fear of their safety. K.S.A 21-2428 refers to cyber stalking as “an intentional, malicious and repeated following or harassment of another person and making a credible threat with the intent to place such person in reasonable fear for such person’s safety.”
Stalking normally involves harassment or threatening behavior that a person engages in repeatedly, either by following the person, showing up at the person’s home or work, making harassing phone calls, leaving written messages or vandalizing a person’s property. There are many ways to prevent Cyberstalking. Lawyers on JustAnswer are available to provide their Expert legal insights and answer questions about cyber stalking laws.
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