Going to Court on Cyberstalking Charges

“Last night I got a phone call from a lawyer friend who told me that he had a client who was just arrested for a cyberstalking charge and my lawyer friend needed someone to represent the defendant in court since he had another commitment. If I didn’t recognize the voice, I would have figured it for a prank call. The novelty of the charge of cyberstalking induced me for the first time in 30 years to agree to go over to the other side to represent someone who was charged. Before going to court, I did some research, and this is what I found out.

In the United States, one out of every 12 women and one out of every 45 men have been stalked at some time in their lives. Since California first established stalking as a crime in 1990, its definition has expanded to include the increasing number of threats made over e-mail and the Internet. Under 18 U.S.C. 875(c), it is now a federal crime to transmit threatening messages over the Internet. Offenders face a fine up to $250,000 and/or up to five years in prison. An incident within walking distance of my house sparked our congressman to introduce and pass legislation expanding the definition of cyberstalking and increase penalties in 1998.

Illinois first conviction for web harassment came in 2002 for e-mailing messages to his wife’s paramour, the gist of which were ‘Don’t ruin other people’s lives. I’m going to expose you’.” The jury convicted the cyberstalker, and he was sentenced felony probation and to 60 days in the Jail, 75 hours of public service, and $2,022 in fines and fees. Now some 45 states now have laws against cyberstalking. Some forbid direct threats, but one state has a statute that only requires the victim be “seriously alarmed” or “annoyed.”

Experts recommend that if one is a victim of an internet threat, one should Keep a printed copy of threatening e-mails for use as evidence later on, that one should not answer any threats, and finally, call the police immediately.

What a let-down when I got to court. The prosecutors filed other easier to prove charges, and were very receptive to my idea of “first one who talks, walks”. Client release from custody within the hour.”

“Is there something specific that made you post this here?”

“A former roommate of mine got arrested for cyber stalking”

“and "they" know who they are ;-)”

“From what I have read during my research, the experts say people get very agitated in an online discussion, forums and chat rooms. One Massachusetts criminal case began with a disagreement over a screen name that the defendant did not like.”

“this is your way of telling us that your going to sue someone?”

“So you're perhaps trying to tell us that we could be prosecuted for our online agitation. Thanks for the info, Pros.”

“"the experts say people get very agitated in an online discussion, forums and chat rooms"

those silly experts will say anything. they know who they are”

“Phaedrus' post ruined my life. I'm going to expose myself.
”

“MY EYES!”

“I was harassed by a buncha cwazy redheads...........”

“i was stuck in a car with tom terrific for 10 hrs while he HAD to light matches.

you mean like that?”

“"I was harassed by a buncha cwazy redheads..........."
MarkO
02:06:15 PM
03/11/04
ignore this user

I bet you liked every minute of it.”

“Phyaedrus is there something specific that makes you post ANY of the drivvel that you post here?”

“STFU Bales you moron.

go ahead a sue me!

I DARE YA”

“Yes, I like to make fools wonder.”

“To continue that line of thinking, trolling could be considered harassing which could be considered criminal. Wow, that should clear this place out in a hurry.”

“Light matches in the car???

Hey, wait a minute!

I know how to hold it in the car.”

“Heyall, that'd leave only about a couple of dozen ppl!”

“Boy Phaedfurus your funny.”

“Prosecutor, do I have a case against Phaedrus for threatening assault? He has posted on numerous occasions that he is going to kick my butt and even said he would beat me with a baseball bat.

Moooooo Haaaaaaa Haaaaaaa”

“can i got to jail if i pay to see this done to bacpac?”

“I would pay to see it happen.”

“I personally find it depressing that some of you get so worked up over #&%!$ that goes on around here. Ruins my faith in mankind.”

“Hell, you're a cop. You're not supposed to have any faith in mankind...


;-)”

“Chili36 is antohter tough guy that's always threatening to kick somebondy or other's azz.”

“Hey Prosecutor...that was interesting. Thanks for the info.”

“I guess this is as good a place as any to warn the people (you know who you are) that have emailed me threats over my political views, that I save each and every message.”

“FG I guess you're right. Actually I was lying about being depressed.
Hey Violin do you mean people actually take you seriously enough to threaten you?”

“Someone emailed violin a letter bomb.”

“I'd like to point out that I never threatened bacpac in this context. His paranoia has led him to believe the worst in every comment I make.

Carry on.”

“Stop it Phaedrus. You're scaring bacpac.”

“Sorry.”