Articles Posted in Stalking

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Cyberstalking is the act of threatening, annoying or harassing someone over the Internet with the intent of intimidating or leading the recipients to believe that they or their loved ones will be injured or harmed. Common types of electronic technologies used for cyberstalking include emails, chat rooms and social networking sites. Experts believe that stalkers, including cyberstalkers, are motivated by a desire to harass victims, get back at them or to work out power and ego issues. State and federal authorities take cyberstalking very seriously because they are viewed as predictors of escalating physical violence.

Federal Cyberstalking Survery

Cyberstalking.jpgIn 2007, the U.S. Department of Justice surveyed 65,000 stalking victims. Respondents were asked if their stalkers had used any form of electronic technology. More than 25 percent of the survey participants answered in the affirmative. Of those respondents, 85 percent – the majority – said they were stalked via email and 35 percent reported their stalker had used instant messaging. In some cases, victims said their stalkers had used multiple means of cyberstalking.

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Following a breakup with your long-term girlfriend, you emailed her to see how she was doing. You initially sent a couple of messages, but did not receive a response from her. Frustrated by her lack of response, you decided to send her several threatening emails every day for a month. Now, you are being accused of cyberstalking under California Penal Code section 646.9.

If you are confronted with accusations of cyberstalking, it is imperative to understand exactly what the elements of the crime are.

What is cyberstalking?

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California has one of the harshest stalking laws in the country. Those accused of stalking face harsh penalties that can quickly escalate. Your best hope is to talk to an experienced stalking defense attorney immediately and get all of your questions answered. Below, the experienced stalking defense attorneys at Wallin & Klarich explain the basics of a stalking charge and the potential punishment.

Prosecution for Stalking PC 649

Under Penal Code section 649, to convict you of stalking, the prosecutor must show you engaged in one of the following acts:

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Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.