The internet is a double-edged sword – while it offers opportunities for communication and expression, it also serves as a platform for behaviors that can lead to criminal charges. With just a few keystrokes, one can face serious state and federal criminal charges and consequences.
Internet Crimes
Internet crimes take advantage of the anonymity and reach of online communications and encompass a wide range of offenses such as cyberbullying, cyberstalking, intimate image distribution, and revenge porn. Cyberbullying can lead to criminal charges including:
- Cyberstalking / Aggravated Cyberstalking
- Obscene or Harassing Electronic Communications
- Stalking / Aggravated Stalking
What may appear as a single act—such as posting online content while trying to contact or harass a person—can expose one to criminal charges at both the state and federal level. Not every instance of cyberbullying will violate federal law, however, so it is important that your legal team understands the complexities involved.
Federal Criminal Cyberstalking Law
Cyberstalking is prosecuted federally under Title 18 of the United States Code, Chapter 110A, which addresses Domestic Violence and Stalking. Under 18 U.S.C. § 2261A, the maximum punishment is up to 5 years in prison. If a restraining order is violated during Cyberstalking, the offender faces a mandatory minimum prison sentence of 1 year.
State Criminal Cyberstalking Law
Under Miss. Code Ann. § 97-45-15, Cyberstalking is a felony punishable by up to 2 years in prison and/or a $5,000 fine. In Mississippi, it is illegal to engage in various forms of electronic harassment, including:
- Threatening bodily harm
- Repeatedly communicating to terrify or harass another person
- Making false statements intended to threaten or harass
Aggravated Cyberstalking is punishable by up to 5 years in prison and/or a $10,000 fine when certain factors exist, such as if the cyber stalker is:
- Violating a restraining order;
- Committing the offense while on probation or parole;
- Creating a credible threat to the victim; or
- Having prior similar convictions related to Cyberstalking.
Constitutional Defenses in the Digital Age
As technology continues to evolve, our understanding of constitutional protections must as well. In cases of Cyberstalking and digital harassment, the First and Fourth Amendments serve as critical safeguards against governmental overreach.
First Amendment Challenges
The First Amendment protects free speech, requiring courts and criminal defense attorneys to navigate the delicate balance between constitutional rights and criminal conduct. Key challenges include differentiating between protected speech and criminal behavior and defining ‘harassment’ in a way that does not infringe on free speech rights.
Similar to Cyberstalking law, Miss. Code Ann. § 97-45-17 prohibits “posting messages intended to cause injury to any person” through electronic communications without the victim’s consent – a felony punishable by up to five years’ imprisonment and/or a fine of up to $10,000.
Case Example – First Amendment Challenge
You may be familiar with William “Polo” Edwards. In 2018, he successfully appealed a conviction under Miss. Code Ann. § 97-45-17 for posting damaging Facebook Live videos. The Mississippi Court of Appeals ruled that the law was unconstitutionally overbroad, emphasizing the importance of free speech protections. The Court held: “Section 97-45-17 violates the First Amendment to the United States Constitution because it is unconstitutionally overbroad.”
Domestic Violence and Cyberstalking
The intersection of domestic violence and cyberstalking is indisputable. Social media and digital communication create new avenues for abuse, allowing perpetrators to harass and control victims from afar. A significant connection exists between stalking and intimate partner violence, as stalking often coexists with domestic violence.
Domestic violence victims often ‘suffer in silence’ due to fear that the law will not protect them from their abuser. This fear can be exacerbated when the abuse is broadcasted on public social platforms, reaching a wide audience, with no end in sight. It is essential for victims to understand their rights and the resources available to them.
Reporting and Legal Action
If you are a victim of Cyberstalking and/or Domestic Violence, it is crucial to report to law enforcement. Prompt reporting helps protect you and could be vital for potential legal action. Victims may pursue civil lawsuits for damages caused by cyberbullying or cyberstalking.
Case Example - Civil Lawsuit and Damages Affirmed for Cyberstalking Victim
In 2016, the Court of Appeals affirmed the award of damages to a victim of Cyberstalking. A Rankin County man posted false prostitution advertisements on Backpage, a well-known sex website. He included his coworker’s phone number, leading to severe emotional distress for the 60-year-old victim. After a Grand Jury indicted him for Cyberstalking, the victim successfully sued for damages. The jury award of $275,000 for mental distress, $10,000 in economic damages, and $750 for phone services was affirmed by the Court of Appeals. This illustrates the potential for victims to seek justice and compensation for harm they have suffered.
We Can Help
At Coxwell & Associates, PLLC, we are dedicated to protecting our clients' rights. Whether you are facing state or federal charges, dealing with multi-jurisdictional issues, navigating complex domestic violence allegations, or seeking protection as a victim of Cyberstalking, we understand the legal challenges involved.
Time is of the essence. Contact our office today to discuss your case and explore your defense options. Your rights and well-being are our top priorities.
Note: "Keyboard warrior" describes individuals who engage in aggressive or hostile behavior online.