Legal Consequences of Cyberstalking

The first stalking law was enacted in 1990 when California passed a law making stalking a criminal offense (Reno, 1999).  Most traditional stalking laws require that the perpetrator make a direct threat to injure or harm the victim in some way.  There are some laws that will prosecute an offender if the behavior or conduct constitutes an implied threat (Reno, 1999).  Unfortunately, many perpetrators can avoid arrest and prosecution in the absence of a direct threat because most state laws require a direct threat or harm to the victim.  The harassment can continue as long as the stalker does not threaten the victim or the victim’s family with bodily injury. 

All 50 states and the District of Columbia have adopted criminal stalking statutes (Reno, 1999).  According to the National Conference of States Legislatures (2006), 44 states have enacted cyberstalking laws under stalking or harassment laws as of 2005.  Title 18 U.S.C 875(c) makes it a federal crime to transmit any interstate or foreign commerce containing a threat with the intention to injure another person.  The penalty for violating this law is a fine up to $250,000 (Reno, 1999; Pittaro, 2007).  Communication must include a direct threat rather than an implicit threat to harm another person.  Pittaro (2007) claimed that cyberstalking communication does not always include a message where the perpetrator threatens to harm the victim.

(Check out this video.  This video was not created by me. Click here to view this clip on YouTube. This clip was from CNN that I found on YouTube.)

References

National Conference of State Legislatures, (2006). State computer harassment or "cyber stalking" Laws. Retrieved March 6, 2006, from National Congress of State Legislatures Web site: http://www.ncsl.org/default.aspx?tabid=13495


Pittaro, M. (2007). Cyber stalking: an analysis of online harassment and intimidation. International Journal of Cyber Criminology, 1(2), 180-197.

 Reno, J. (1999). 1999 report on cyber stalking: A new challenge for law enforcement and industry.