By John Teakell, Attorney-at-Law – Dallas, Texas
I. WHAT IS CYBERSTALKING?
Cyberstalking is the more modern version of stalking, which traditionally involves continually contacting, harassing, or intimidating a person. The federal law that is referred to as “Cyberstalking” includes the “cyber” provision that references electronic communications. These commonly today are emails, texts, and other electronic messaging.
The federal law that prohibits cyberstalking focuses on contacts and communications to a person with the intent to harass, intimidate, or injure in some manner. The law also contains language about the stalker making such communications with the victim that reasonably places the victim in fear of death or serious bodily injury.
II. USE OF ELECTRONIC DEVICES
Commonly, devices such as computers and phones are used by stalkers to make the communications that are listed in the federal cyberstalking statute. Again, the use of threatening, harassing, or intimidating communications are the types of conduct that this federal law is intended to deter.
III. FEDERAL CYBERSTALKING STATUTE
The federal cyberstalking law reads:
“Whoever –
(1) travels in interstate or foreign commerce or is present within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel or presence engages in conduct that—
(A) places that person in reasonable fear of the death of, or serious bodily injury to—
(i) that person;
(ii) an immediate family member (as defined in section 115) of that person;
(iii) a spouse or intimate partner of that person; or
(iv) the pet, service animal, emotional support animal, or horse of that person; or
(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of subparagraph (A); or
(2) with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a course of conduct that—
(A) places that person in reasonable fear of the death of or serious bodily injury to a person, a pet, a service animal, an emotional support animal, or a horse described in clause (i), (ii), (iii), or (iv) of paragraph (1)(A); or
(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of paragraph (1)(A),
18 U.S. Code §2261A
IV. THREATENING COMMUNICATIONS
There are also federal laws against making threatening communications. The mailing threatening communications law (18 U.S.C. 876) was used prior to electronic or cybercrimes becoming common place, and it also prohibits the threat of extortion. Additionally, Threatening / Interstate Communications (18 U.S.C. 875) is the federal law against making a direct threatening communication.
V. FEDERAL CHARGES
Charges for cyberstalking are brought against persons who make communications that reasonably place the recipient of the messages in fear of injury or death. The charge could also be based on repeated communications that would be considered harassing or intimidating.
VI. CONTACT ATTORNEY JOHN TEAKELL
If you are under investigation for a cyberstalking case or any federal offense, contact former federal prosecutor John Teakell. Mr. Teakell will use his federal experience to defend you against such allegations.
