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Contact Daniel Ambrose for fast answers to your criminal law questions. He can be reached at his office at (248) 624-5500, his cell phone (248) 808-3130 or by email at Daniel@ambroselawgroup.com
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| INTERNET STALKING |
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Internet Stalking |
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Internet stalking is posting a message on the internet that would make someone feel frightened, intimidated, harassed or threatened.
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Examples: |
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Penalties: |
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Up to 2 years in prison and/or $5,000
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If the posting is in violation of a restraining order, in violation of the defendants probation, makes a credible threat, the defendant has a prior conviction, or is against a person under 18 and the defendant is five or more years older than the victim: up to 5 years in prison and/or $10,000.
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Defenses: |
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Consent: |
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The victim gave the defendant permission to make the posting.
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Victim did not suffer emotional distress: |
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The defendant made the statement, but it did not upset the victim and a reasonable person would not have been upset by it. |
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Jury Instruction |
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The defendant is charged with internet stalking. To establish this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
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First, that the defendant committed two or more willful, separate, and noncontinuous acts of unconsented contact with [name complainant].
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Second, that the contact would cause a reasonable individual to suffer emotional distress.
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Third, that the contact caused [name complainant] to suffer emotional distress.
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Fourth, that the contact would cause a reasonable individual to feel [terrorized / frightened / intimidated / threatened / harassed / molested].
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Fifth, that the contact caused [name complainant] to feel [terrorized / frightened / intimidated / threatened / harassed / molested].[FN 3]
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Sixth, that the contact was through the use of the internet and/or a computer.
[For aggravated stalking, add the following:]
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Seventh, the stalking
[was committed in violation of a court order] [was committed in violation of a restraining order of which the defendant had actual notice] [included the defendant making one or more credible threats[FN 4] against the complainant, a member of (his / her) family, or someone living in (his / her) household] [was a second or subsequent stalking offense].
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Related Topics |
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