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I filed cyber harassment and domestic violence stalking

Customer Question
I filed cyber sexual...

I filed cyber sexual harassment and domestic violence stalking against my husband. ALl the evidence matches up to the picture he uploaded of me, the chat room he posted it to , verified it was his computer, and the ip address is at his residence. How do you prove he was behind the computer?

Lawyer's Assistant: Because criminal law varies from place to place, can you tell me what state this is in?

Florida, Orange County

Lawyer's Assistant: Have you talked to a lawyer yet?

Nope...just the state attorney. They will not file charges until they can prove it was him behind the ocmputer

Submitted: 9 months ago.Category: Criminal Law
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Answered in 18 minutes by:
10/14/2017
Criminal Lawyer: Bill Attorney, Lawyer replied 9 months ago
Bill Attorney
Category: Criminal Law
Satisfied Customers: 2,640
Experience: Attorney
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Dear Customer ,

Thank You for posting your criminal law question today.

The offense of cyberstalking must be proved beyond a reasonable doubt.

This is the standard of criminal culpability int he criminal court. Hence, an IP address, chat room I.d, and computer access and testimony of any witnesses , including other witnesses who may have access to his account details would suffice to return a guilty verdict.

The exact offense is defined in statute as the following:

"

“Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

(2) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084"

So, so long as the evidence supports that he made the alleged communications he would be found guilty.

He is not required to give evidence himself but other household members can be subpoenaed to lay a clear foundation of evidence.

We are here to help, so please follow up with me as required.

In return remember to rate positively today.

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Attorney Bill

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Customer reply replied 9 months ago
We do not have a witness. We have everything else to charge him. Do you have any case filed prosecuted in Florida that I can research?
Criminal Lawyer: Bill Attorney, Lawyer replied 9 months ago

The law is statute based and the element of the crime are proved that I listed in the above statute.

The attorney general's office offers the following information in relation to stalking and cyber harassment:

http://sa18.org/page/stalking.html

Here is a case here and you can make further searches through this website and others:

http://caselaw.findlaw.com/fl-district-court-of-appeal/1740256.html

I'm an independent legal expert and rely on your positive feedback to get a credit.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS today.

Thank You

Attorney Bill

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Customer reply replied 9 months ago
I am looking for a case tried as cyber sexual harassment. You provided a case regarding the injunction and appeal for cyber sexual harassment. I want to see a case especially pertaining to the evidence obtained in the conviction.
Criminal Lawyer: Bill Attorney, Lawyer replied 9 months ago

A case research is an extra service as this requires additional time and would be in addition to this question and answer service; I can make this service available, just let me know.

Alternatively , you can do a search yourself.

http://caselaw.findlaw.com

I'm an independent legal expert and rely on your positive feedback to get a credit.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS today.

Thank You

Attorney Bill

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