Is cyberstalking illegal in California?

Asked by: Prof. Keith Hoeger DVM  |  Last update: February 19, 2022
Score: 4.4/5 (20 votes)

In California, cyberstalking can be charged as either a misdemeanor or a felony depending on the case, as well as the criminal history of the defendant. If the defendant is convicted of misdemeanor cyberstalking, he or she could be sentenced to up to one year in county jail and a fine of up to $1,000.

What is considered cyberstalking in California?

California's Cyberstalking Laws; Cyberstalking falls under Penal Code 646.9 stalking and is commonly referred to as online harassment. It takes place when one individual constantly harasses or threatens another individual through the use of electronic communication.

What is the penalty for cyberstalking in California?

Penalties for cyberstalking in California

Misdemeanor cyberstalking could result in one year of jail time plus a fine of up to $1000. A felony charge of cyberstalking could result in a sentence of five years in a state prison plus fines of up to $1,000.

Is online harassment illegal in California?

653.2 PC – Electronic Cyber Harassment Law in California. California Penal Code 653.2 PC makes it a crime to send electronic communications (such as emails or text messages) with the intent of placing the recipient in reasonable fear for his or her safety or that of his or her immediate family.

Are there federal laws against cyberstalking?

Federal law provides some tools to combat cyberstalking. Under 18 U.S.C. 875(c), it is a federal crime, punishable by up to five years in prison and a fine of up to $250,000, to transmit any communication in interstate or foreign commerce containing a threat to injure the person of another.

Cyberstalking Laws | Learn About Law

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What is cyber stalking charge?

Cyberstalking charges are charges for the act of using the internet or email to stalk a victim. Stalking is defined as conduct directed towards a target (the victim) by a person (the stalker) with the intent that the victim will regard the conduct as a threat of bodily injury or death.

Is cyberbullying a crime in California?

If your kids use electronic devices to bully others, they may face criminal charges for cyberbullying. Like in many other states cyber bullying is unlawful in California. Prosecutors may bring criminal charges for either posting personal information to cause fear or using electronic devices to harass others.

What is cyberstalking with example?

Examples of Cyberstalking

Post rude, offensive, or suggestive comments online. Follow the target online by joining the same groups and forums. Send threatening, controlling, or lewd messages or emails to the target. Use technology to threaten or blackmail the target.

Who are the victims of cyberstalking?

Most cyberstalking victims were found to be female, aged 30 years or older and with a good level of education. A number of behaviours are often associated with cyberstalking but it was found that many of these activities, such as identity theft and fraud, are not common.

Is cyberstalking a cyber crime?

Cyber stalking is a type of a crime. In the cyber stalking there is a involvement of two persons- Firstly, the stalker is also known as attacker who do the crime & Secondly, the Victim who is harassed by that stalker. Cyber stalking is also known as cyber crime.

How is cyberstalking used?

Cyberstalking is the use of the Internet or other electronic means to stalk or harass an individual, group, or organization. It may include false accusations, defamation, slander and libel. It may also include monitoring, identity theft, threats, vandalism, solicitation for sex, doxing, or blackmail.

Is Doxxing illegal California?

This is a state law for California that specifically targets cyber harassment, such as doxing. It makes it illegal for any person to use an electronic device, such as a computer, phone, or tablet to: Intentionally cause another person to fear for their safety.

Is cyberbullying illegal in California for adults?

Both minors and adults can be charged with cyberbullying or cyberstalking, but they will be prosecuted in different courts based on age.

What are the cyberbullying laws in California?

California Assembly Bill 2291 is the first bill in 2019 to address cyberbullying in California. It states that in addition to schools' anti-bullying laws, faculty must undergo virtual training on how to detect and deter digital bullying. The law also requires that schools must provide accessible counseling on campus.

What proof do you need for a restraining order in California?

Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.

Is harassment a felony in California?

Penal Code 422 criminal threats is also a “wobbler” and can be filed as either a misdemeanor or felony crime. If convicted of a misdemeanor, the penalties include up to one year in a county jail, and a fine.

What is the sentence for stalking in California?

If you're convicted of the Felony form of Stalking, you face up to three years in state prison, a fine of up to $10,000, or both a fine and imprisonment. Note that Stalking is punishable under California's “Three Strikes” penalty system.

What qualifies as harassment online?

Online harassment means these actions occur using digital technologies such as social media platforms, email or messaging services, gaming platforms, or cell phone communication. Examples of such behavior include: Posting defamatory remarks intended to harm a person's reputation.

Is harassment a crime in California?

The civil harassment laws say “harassment” is: Unlawful violence, like assault or battery or stalking, OR. A credible threat of violence, AND. The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it.

What defines harassment?

Harassment is unwanted behaviour which you find offensive or which makes you feel intimidated or humiliated. It can happen on its own or alongside other forms of discrimination.

How do you protect yourself from Cyberstalkers?

How to protect against cyberstalking
  1. Review and change passwords for all online accounts.
  2. Enable strict privacy settings on social media platforms.
  3. Disable any publicly available itineraries or calendars.
  4. Limit online sharing with individuals outside your close friends or family.

How do I stop creeping my ex?

If you Google “how to stop stalking your ex,” here are a few things that immediately come up…
  1. Delete/unfriend/block him.
  2. Ask your friends for some tough love.
  3. Implement a “stalk jar.”
  4. Stay busy.
  5. Instead of stalking your ex, stalk a celebrity.
  6. Find a habit to replace the stalking.
  7. Get out there and start dating!

Who are the typical Cyberstalkers?

Who are the typical cyberstalkers? The majority of the time the cyberstalker is someone the victim knows. However, at times there are cyberstalkers who will find their victims by using a search engine and become obsessed with finding information about the victim.

What type of crimes lies in cyberstalking?

Cyberstalking is a crime in which someone harasses or stalks a victim using electronic or digital means, such as social media, email, instant messaging (IM), or messages posted to a discussion group or forum.

What is cyberstalking Class 11?

Cyberstalking is a criminal practice where an individual uses the Internet to systematically harass or threaten someone. This crime can be perpetrated through email, social media, chat rooms, instant messaging clients and any other online medium.