Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Have you ever dealt with cyber stalking cases. California.

Customer Question
Have you ever dealt...

Have you ever dealt with cyber stalking cases

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

California

Lawyer's Assistant: What steps have been taken so far?

Just collected evidence and have the identities and addresses

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

These criminals are from the entertainment business and have everything corrupted.. dealing with organized crime

Submitted: 3 months ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 2 hours by:
3/29/2018
Criminal Lawyer: Bill Attorney, Lawyer replied 3 months ago
Bill Attorney
Category: Criminal Law
Satisfied Customers: 2,598
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your criminal law question this evening. I'm attorney Bill assisting you with your request.

Cyber stalking is both a federal and State crime that you can report locally to your local law enforcement or you can submit a complaint to the FBI here:

https://www.fbi.gov/investigate/cyber

The attorney general's office advises that victims document each incidence of stalking and harassment to be compiled together when filing a criminal report and pressing charges.

Under State law the offense is defined as following:

"

646.9.

(a) 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, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison.

(b) Any person who violates subdivision (a) when there is a temporary restraining order, injunction, or any other court order in effect prohibiting the behavior described in subdivision (a) against the same party, shall be punished by imprisonment in the state prison for two, three, or four years.

(c) (1) Every person who, after having been convicted of a felony under Section 273.5, 273.6, or 422, commits a violation of subdivision (a) shall be punished by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or five years.

(2) Every person who, after having been convicted of a felony under subdivision (a), commits a violation of this section shall be punished by imprisonment in the state prison for two, three, or five years.

(d) In addition to the penalties provided in this section, the sentencing court may order a person convicted of a felony under this section to register as a sex offender pursuant to Section 290.006.

(e) For the purposes of this section, “harasses” means engages in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose.

(f) For the purposes of this section, “course of conduct” means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct.”

(g) For the purposes of this section, “credible threat” means 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. Constitutionally protected activity is not included within the meaning of “credible threat.”

(h) For purposes of this section, the term “electronic communication device” includes, but is not limited to, telephones, cellular phones, computers, video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.

(i) This section shall not apply to conduct that occurs during labor picketing.

(j) If probation is granted, or the execution or imposition of a sentence is suspended, for any person convicted under this section, it shall be a condition of probation that the person participate in counseling, as designated by the court. However, the court, upon a showing of good cause, may find that the counseling requirement shall not be imposed.

(k) (1) The sentencing court also shall consider issuing an order restraining the defendant from any contact with the victim, that may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family.

(2) This protective order may be issued by the court whether the defendant is sentenced to state prison, county jail, or if imposition of sentence is suspended and the defendant is placed on probation.

(l) For purposes of this section, “immediate family” means any spouse, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.

(m) The court shall consider whether the defendant would benefit from treatment pursuant to Section 2684. If it is determined to be appropriate, the court shall recommend that the Department of Corrections and Rehabilitation make a certification as provided in Section 2684. Upon the certification, the defendant shall be evaluated and transferred to the appropriate hospital for treatment pursuant to Section 2684."

Please follow up with me as required.

In return your positive rating and feedback is what gives me a credit for my time today.

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

FIVE STARS or your rating is much appreciated in this regard.

Best

Attorney Bill

Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Bill Attorney Your Own Question
Bill Attorney
Bill Attorney
Bill Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 2,598
2,598 Satisfied Customers
Experience: Attorney

Bill Attorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,153 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,984 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,638 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,255 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
I filed cyber harassment and domestic violence stalking
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 com… read more
Bill Attorney
Bill Attorney
Lawyer
2,598 satisfied customers
What can we do about a person that is cyber harrasing?
what can we do about a person that is cyber harrasing? … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,321 satisfied customers
Been extremely stalked/cyber/remote for years of this kind
Been extremely stalked/cyber/remote for years of this kind of day/nite harassment is there an experienced attorney who can help?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
Yeah - I was looking on here at some answers but yes trying
Hi - yeah - I was looking on here at some answers but yes trying to see what I can do - I have a stalker, I have for 7 years now. He is an ex boyfriend - we were together 6 months when I asked him for… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,321 satisfied customers
Need to file criminal charges against a group of people
need to file criminal charges against a group of people for assult,criminal threats,idenit thft ,fraud,aggressive stalking,cyber stalking,mail fraud,fin aid an the amount of $400,000 misscarriage of t… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
Someone is trying to get more money from me stating if I don't
Someone is trying to get more money from me stating if I don't he will post pics of me on YouTube and Facebook I send him $1600 yesterday and he wants mire … read more
Colleen Grady
Colleen Grady
Assistant Principal
Juris Doctor
405 satisfied customers
I'm being cyberstalked and harassed by 10 adults over 2
I'm being cyberstalked and harassed by 10 adults over 2 websites. (tumblr and*********** This has been going on for months and my health has declined! The police came in Aug. and told me nothing could… read more
Amber E.
Amber E.
Lawyer
Doctoral Degree
1,438 satisfied customers
There is a neo mass murdering group that operates in my
There is a neo nazi mass murdering group that operates in my apartment building on Deer Park Avenue, New York. The police are also involved. I have tried everything, to get the murderous crimes stoppe… read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
Why the is DA not pressing charges against a man who physically
Why the hell is DA not pressing charges against a man who physically abused his ex wife and the police took photos of bruises and a bloody gash under her eye. They also arrested him. This had been ong… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
My 21 year old son has been charged in Florida with cyber stalking(texting)
My 21 year old son has been charged in Florida with cyber stalking(texting) and harassing phone calls to his girlfriend( a stripper) who he met when he was only 17 and she was 31. She has several ment… read more
Thelawman2
Thelawman2
Doctoral Degree
1,554 satisfied customers
if a man of 22 years old has a charge of Class X and he his
if a man of 22 years old has a charge of Class X and he his still going to court and the prosecutor keep saying after 5 court time that she his still waiting for more document from the secret service … read more
MyraB
MyraB
Attorney at Law
JD
367 satisfied customers
How do I, or an Attorney contact a cyberstalker after Ive
How do I, or an Attorney contact a cyberstalker after I've filled out a police report requesting a restraining order?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
im running out of time on an assualt/hostage/cyber stalking,
i'm running out of time on an assualt/hostage/cyber stalking, ongoing threats, etc. it happened in Texas, i live in san francisco, so no one will help me. i think i only have 5 months less before i ca… read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
what recourse do i have if an ex-acquaintance of my duaghter
what recourse do i have if an ex-acquaintance of my duaghter is stalking her, both physically and cyber (hacking her computer to delete e-mails, tracking her phone to get new numbers when we change it… read more
Lawgirl
Lawgirl
Founder
Doctoral Degree
4,606 satisfied customers
If I know of a life insurance fraud ring and I want its members
If I know of a life insurance fraud ring and I want it's members to be caught but I don't have any of my own money to hire an investigator to collect evidence would giving the information I have to th… read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
Hi ! Last week I was arrested on a Misdemeanor (2) charge
Hi ! Last week I was arrested on a Misdemeanor (2) charge for emailing someone more than I should have. There were no threats of any kind. I just made up another email address and kept sending him ema… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
if a person files a police report for fraud and/or identity
if a person files a police report for fraud and/or identity theft, but does not press charges, will any false information be taken off the victim's credit report, or will they have to press charges to… read more
Jim Reilly
Jim Reilly
Private Practice Attorney
Juris Doctor
1,759 satisfied customers
I need to stop a cyber stalker - how can I file a ...
I need to stop a cyber stalker - how can I file a restraining order to stop him from contacting me on an online webiste? He is in another state.… read more
jamest
jamest
High School or GED
194 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x