March 29, 2024

Cyber-Stalkers Beware

COMPUTER& INTERNET LAW

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Re: Think twice before engaging in Cyber-Stalking: On-Line Harassment and Related Computer Crimes:

CYBER-STALKING is a ‘FELONY CRIME’ in nearly every state. The Penalties can be “unusually Severe” . Having a ‘Felony” conviction on one’s record can have a negative impact on a persons life indefinitely. Careers can be “Ruined” Professional Licenses can be stripped and lives can be changed forever. Being “labeled” a Cyber-Stalker is certainly not a “Selling” point and can certainly have “Negative” consequences on a persons every day life.

I tried many “Cyber-Crime” Cases throughout my 30 year career in Law. The Courts tend to severely punish the “Guilty” person as a way of sending a “Zero Tolerance” message to society especially when Cyber-Stalking is involved. Sentences even for first time offenders can involve Jail time and Court fines up to $25,000.

I have been on both sides of the fence. I have ‘Defended’ clients accused of Cyber-Stalking. In addition, I have represented Clients that were “Victims” of a Cyber-Stalker. In most cases when a case goes to Court for Cyber-Stalking, the evidence directly implicates the accused. Therefore, the attorney does not have much to work with as far as mounting a Defense. Judges seldom allow the accused to Plea to a lesser charge.

The bottom line: if the Evidence is direct and it implicates the accused the case is ‘OVER’. That’s why I urge the Public to be ‘Cautious”when you use the Internet. Cyber-Stalking is common on Public Forums such as Facebook, Reddit, Meet-Up and even web sites such as Linked-In.

Cyber-Stalkers are normally socially deficient and feel inferior around most people. Therefore, they become accustomed to hiding behind a Computer screen far removed from society and people. Cyber-Stalkers feel that hiding behind a computer screen enables them to express, anger, jealousy even hatred toward their intended target without seeing them face to face. Hiding behind a computer screen is a perfect “Forum” for an anti-social personality type. There is no one present to “Confront’ the Cyber-Bully. Therefore, he or she is free to do whatever they wish with just the touch of a button.

Sooner or later the person is caught and forced to face unpleasant consequences. The first question I used ask an accused client before I viewed any evidence was “DID YOU DO IT”. If the answer was “Yes” then the “Evidence” usually fell into place and it told me a “Disturbing Story”. Keep in mind, even if a Cyber-Stalking case is resolved between the accused and the Victim , the accused is still technically “Guilty” as long as the Evidence supports the claim.

The accused was simply “lucky”that the case was concluded without going in front of a Judge and Jury. Therefore, any evidence that was collected by the “Victims” attorney is a matter of ‘Public Record’. This evidence can still prove damaging to the accused. The simple fact that a person engaged in Bullying activity and supporting “PROOFS” exist can certainly paint the person in a negative light.

I can’t stress enough “Think” before going on line and engaging in any activity that can be considered ‘ILLEGAL’ such as ‘HARASSMENT-‘STALKING’-THREATENING ANOTHER’-‘USING SEXUAL PROVOCATIVE’ language or attempting to “Intimidate” a person by using fear tactics.

For anyone experiencing on-line Bullying, Stalking and other Illegal acts contact POLICE Immediately. You may also consider consulting with an Attorney experienced in Computer crime and On-Line Harassment. The Attorney will explain your rights if you fall Victim to Computer Crime.

I am semi-retired after 30 plus years. A good portion of my time is spent teaching Law at the University, Co-authoring books and most important spending time with my Grandchildren.

*SOME OF THE CASES I HANDLED AND OUTCOMES .

*IP/ISP Information plays a Critical role in a Cyber-Stalking Case. Other testimony and evidence is important however, the IP Information is Powerful Proof that is considered “Not Disputable”. VPN connections are not as full proof as these companies would have you believe.

Case: XXX-5660:119496/ Settled after Jury Trial which ended on 04/18/2016: Defendant found “Guilty” /Cyber-Stalking/On-line Harassment/Infliction of Emotional Stress: SENTENCED TO 18 MONTHS IN COUNTY JAIL/$6,000 Fine . Now has a FELONY Record:

:

Case: XXX-5591:116488/Settled between two parties

Defendant Pleaded Guilty to “CYBER STALKING” a 16 year old minor:

SENTENCED TO 60 Days COUNTY JAIL, / $20,000 Fine/ Injunction “PROHIBITED FROM USING THE INTERNET” . Required to report to Probation officer following release.

JURY TRIAL- ‘YES’/ Defendant- “Guilty”- No Plea/Jury decided:/

CYBER-BULLYING-INVASION OF PRIVACY RIGHTS/ SLANDER: Suspended Sentence/ ]:

Case: Removed from DOCKET:/ Court Record Sealed/07/12/2019:

Case#XXX-008655-13:/ Def “GUILTY”/ Jury Trial-YES; CASE CONCLUDED- 11/02/2018…………

SENTENCE;

PRISON -27 Months/State Prison/

Fine $ not yet det…………..

:

Two Rel comp crimes……

VIOLATION-XX06669-44442

VIOLATION-XX077488-0036; /PB77;

FELONY CONV-‘Y’/…………..

Published at Sat, 13 Mar 2021 17:40:22 +0000

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