What Exactly is Cyberstalking
Cyberstalking is a relatively new crime in Nevada and the laws seem to be way behind the technology, which is scary for the victims of such a crime.
With people spending up to 10 hours per day online, there are many problems that come out of this new culture.
On the other hand cyberstalking is a serious crime in Nevada and it should be taken seriously when someone is charged.
Cyberstalking is considered a crime if someone uses text messages, emails or other electronic media (maybe social media etc.) to harass a person to the point that they reasonably feel worried about their safety.
This actually happens a lot more often than people think, in the day and age of FB and Instagram etc., more than ever people are acting recklessly and dangerously online.
Penalties for Cyberstalking
Cyber stalking offenses are considered to be a Class C felony unless you have a defense team like The Defenders to plea bargain a cyber stalking case.
The penalties for cyber stalking can carry a prison sentence from 1-5 years and up to a $10,000 fine.
The defendant may be placed on probation for up to 5 years of probation instead of going to prison if a plea bargain can be reached.
Don’t try to defend yourself in Nevada, call our team of lawyers and let us fight for you.
Elements of Cyber Stalking in Nevada
To really be considered a crime, cyberstalking does have four components:
- The victim does feels frightened or just in fear based on the defendants actions
- The defendants actions were intentional to cause harm to the victim (even trying to scare them or make them afraid can count)
- The cyberstalking is done online or with some other electronic media
- The defendant uses electronic media (via their phone or laptop etc.,) to publish information that causes risk, harm, or violence to the victim.
Even in 2022 this is a relatively new crime and so it’s difficult to define what exactly is considered cyberstalking.
So just sending someone a few annoying emails wouldn’t qualify as cyberstalking, but publicly sending false information that could encourage others to harass a victim on social media could easily be considered cyberstalking.
If you have been accused of cyberstalking then please contact our top-notch lawyers here at The Defenders in Las Vegas.
Examples of What’s Considered Stalking Behavior
Often a person who has been accused of stalking will feel that they weren’t doing anything wrong, they act almost shocked that they’re accused.
Usually their defense is that they didn’t really intend for their behavior to be threatening and this is where it gets shaky.
If you are accused of this type of crime then call The Defenders today for help.
What is key to remember is how the victim in question feels can largely determines whether the behavior is criminal in nature and might be considered cyberstalking.
Some common examples of stalking behavior include the following:
- Making multiple phone calls and leaving many voicemails to the victim
- Loitering outside of a person’s residence, stores they frequent, their workplace, etc. etc.
- Frequently showing up uninvited to a person’s home or other location where the victim might be
- Following somebody (on foot or in a car) for an extended distance
- Trying to contact and communicate with a person, their family, friends or co-workers for no good reason
- Vandalizing or defacing a person’s property
Doing this one or two times won’t necessarily qualify as stalking, but if it beomes a repeated pattern then you might have a problem.
If you feel you are close to stalking somebody then look to get help, speak to a counselor or whatever, Las Vegas has many city resources to help people.
Fighting the Charges of Cyberstalking
There are a few possible defenses against cyberstalking –
- Misidentification- Many times we see where the victim misidentifies the defendant as the stalker. Of course computers are everywhere nowadays and a vast variety of people can use the same computers, so you must prove who might be doing the stalking – not just assume.
- The specific behavior isn’t considered stalking- Yes sending someone the same text message over and over is annoying and a bit creepy, it’s more the context that creates cyberstalking. If the repeated texts are polite and not a threat type of message, then it’s not considered cyberstalking. If the repeated texts were actually threatening than this could be considered cyberstalking, but this gets very confusing.
- False accusations- Sometimes people falsely accuse because they want revenge. we’ve all known a couple that is going into a divorce and fighting over custody of their kids and one spouse might accuse the other spouse of cyberstalking to help them win custody. Be aware, that falsely accusing someone of any crime (including cyberstalking) is a crime and could come with a punishment. Even just filing a false police report in Nevada is a misdemeanor and the penalty could include up to six months in jail and / or up to a $1,000 fine.
Since cyberstalking is a relatively new crime, and so many times you’ll see other crimes are just then charged in lieu of cyberstalking.
- Capturing images of another person’s private areas (or genitals) without their permission- Photographing or videotaping (usually on a cell phone) another person’s private areas without their permission. So just video taping someone during sex without the other persons knowledge is a prime example of this, and it’s an awful thing to do.
- Stalking- Stalking is willful conduct that causes another to reasonably feel frightened, intimidated, or threatened. The next level of this is aggravated stalking where someone threatens the victim with severe bodily harm or death. The difference between stalking and cyberstalking is with the use of electronic media to commit the act of stalking. Again think about nowadays everyone owns a cell phone and can easily film another person without their permission.
- Harassment- This is just simple to define – when a person threatens to injure another person’s body or their mental health (which can be done in a variety of ways).
- Sexual Harassment- This is all too common nowadays especially at work. When a defendant annoys or bullies someone else in a sexual manner, demands a sexual favor, etc. Some forms of sexual harassment would include peeping, indecent exposure, and of course gross lewdness. Women especially need to be aware of being harassed.
If you have been accused of stalking somebody then you don’t want to fight the charges without a quality Las Vegas defense law firm on your side.
With years of experience defending clients in Las Vegas and all over Nevada.
Getting Cyberstalking Cases Sealed in Nevada
Getting any conviction sealed is a good thing (but not easy) since a criminal conviction can hurt you for the rest of your life (think jobs, family, etc.).
It’s a harsh reality, but we are all judged based upon our past behavior and actions, so make better decisions.
You can have the conviction sealed after a period of 5 years, but it’s not that easy and it’s smart to call us at The Defenders for help.
Ideally your defense team can get cyber stalking charges reduced to just a misdemeanor of Breach of the peace, then you only have to wait 1 year to have the record sealed.
If your case is dismissed then there is no need to try and have anything sealed since you were acquitted of the charges.
This is a perfect example of why hiring The Defenders is a good choice and something you should do today.
Call us for a Free consultation.
Having a cyberstalking case reduced to Breach of Peace takes a felony charge down to misdemeanor and reduces prison time and fines.
Just think about the difference that can make for your future, your family, etc.
If reduced the defendant might not do any jail time and that by itself is worth calling us to find out your options.
Why Hire The Defenders
We have years of experience as Nevada’s criminal defense attorney group.
We offer 24 hour a day service and a free case review.
We use our own investigative team to gather evidence to defend the charges against you.
We handle all court appearances for our clients.
We have a good reputation with the prosecutor’s office and can get your charges reduced or even dismissed based on the evidence.
We can stop deportation and even get the charges sealed in the future.
We can take a case all the way to trail or get a plea bargain based on our clients wishes.
We have experienced defense attorneys on staff who can defend any crime including stalking, cyberstalking, bullying or cyberbullying.
Call for a free case review today.