Cyberstalking Laws in California

What You Need to Know About Cyberstalking Laws in California

With the proliferation of technology and social media, many individuals are put at risk of cybercrimes such as cyberstalking. Here’s what you need to know about cyberstalking laws in California.

In amending Penal Code 646.9, the California legislature officially prohibited cyberstalking in 1998. This amendment included “electronically communicated” threats under the definition of a “credible threat” – one of the elements of stalking in California.

What is Cyberstalking?

As defined in Penal Code 646.9, stalking is harassing or threatening an individual to the point where he or she fears for their safety or for the safety of their family. This definition has been extended to include stalking through “electronic communication devices.” Such devices can include:

Internet
Email
Text message
Cellular or landline phones
Fax machines
Video messages
Any other electronic devices

Related: Stalking Laws in California

Examples of Cyberstalking

Examples of cyberstalking include, but are not limited to:

Sending unwanted or unsolicited threatening, harassing, lewd, or manipulative emails
Sending unwanted and/or disturbing instant messages, text, or “sext” messages
Creating false online accounts to impersonate the victim or attempting to contact the alleged victim through the use of a false persona
Posting embarrassing or humiliating information/media regarding the alleged victim
Posting the alleged victim’s personal information (including, but not limited to a phone number, home address, or workplace)
Hacking the alleged victim’s online accounts (email, banking, social media, etc.)
Damaging the alleged victim’s credit by logging into their online bank or credit card accounts

Elements of Criminal Cyberstalking

A prosecutor must demonstrate the following to prove that someone is guilty of violating California stalking and cyberstalking law:

maliciously, willfully, and repeatedly harassed the alleged victim AND
made a credible threat against the alleged victim AND
placed that individual in reasonable fear for his/her own safety or the safety of his/her family AND
communicated by means of the Internet or another “electronic communication device”

Credible Threat

In addition to causing the alleged victim to reasonably fear for his or her safety or for the safety of his/her family, a credible threat is one that the defendant appears able to carry out. This can be implied from past conduct or a combination of statements and conduct. A credible threat can be made orally, in writing, or electronically.

Offenses Related to Cyberstalking

Cyberstalking actions may also lead to charges under other California Penal Codes, such as:

422 PC: Criminal Threats
- Formerly known as terrorist threats, this is the most common charge in relation to cyberstalking. If an individual sends criminal threats to the alleged victim through an electronic communication device, he or she may be charged with both cyberstalking and criminal threats.
647(j)(4)(PC): Revenge Porn
- Revenge porn is committed when an individual intentionally distributes sexual images of another person that were expected to be kept private, with the intention of causing the victim emotional distress.
653.2 PC: Posting harmful information on the internet
- Also known as “indirect electronic harassment”, this occurs when an individual posts a harmful message about the alleged victim on the internet, causing other parties to harass the victim. Posting someone’s personal information (such as home address, phone number, etc.) is also considered an offense.
288.2 PC: Harmful matter sent to a minor
- Penal Code 288.2 prohibits sharing “obscene” or “erotic” material with a minor with the intent of sexual arousal. This means that if an individual repeatedly calls, emails, or “sext” messages a minor in this manner, they may be charged with both a sex crime in addition to cyberstalking.

FAQs About Cyberstalking Laws in California

What are the penalties for cyberstalking?

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. If the defendant is convicted of a felony, he or she could be sentenced to up to five years in state prison and fines of up to $1,000.

Under California Penal Code Section 273.5, defendants may face domestic violence charges aside from cyberstalking charges. Additionally, under California Penal Code Section 290, a defendant may also be required to register as a sex offender. Both of these outcomes are entirely dependent on the case.

What are legal defenses to fight a cyberstalking charge?

Possible defenses against a cyberstalking charge include:

The threat in question was not credible
There was no intention to cause fear in the alleged victim
False accusations
Mistaken identity
Investigative errors
Constitutionally protected activity

How can I protect myself from cyberstalking?

There are many ways an individual can protect themself from cyberstalking. An important step to take is ensuring relevant accounts are private and have two-factor authentication. One should also avoid geotagging and location sharing on devices.

Contact Her Lawyer

If you or a loved one would like to know more about cyberstalking laws in California, contact us. We’ll get you in touch with the most qualified lawyer for your unique legal matter. Get your free consultation with one of our experienced attorneys in California today!