What Are the Consequences of Stalking? Understanding Cyber Crime Punishment & Penalties
Stalking isn’t just about keeping tabs on someone, it’s about causing them fear and distress. Depending on the severity, stalking can lead to felony charges. In some cases, stalking is considered an extraordinary risk crime, meaning if convicted, you could face serious prison time.
The penalties for stalking, including cyberstalking, can vary significantly depending on the circumstances surrounding the case. Stalking is typically classified as a felony, with serious emotional distress or a credible threat playing a crucial role in determining the severity of the charges.
Felony Charges for Cyberstalking and Punishments
In some cases, stalking may be charged as a Class 5 felony, but it can be bumped up to a Class 4 felony if there is a pre-existing protection order in place. A Class 5 felony could lead to prison time, but there are additional penalties depending on whether it is deemed an extraordinary risk crime.
What makes stalking even more severe is when it is categorized as an extraordinary risk crime, which is often applied to stalking charges. For example, a Class 4 felony under normal circumstances carries a 2 to 6 years prison sentence. However, when classified as an extraordinary risk crime, due to the potential for lethality or violence, the penalty range is increased to 2 to 8 years. This means that, if convicted, a defendant could face additional prison time for the same crime.
Aggravating Factors in Cyberstalking Cases
If a person is found guilty of cyberstalking under particularly aggravated circumstances, such as violating probation or committing stalking after a prior conviction, the penalties increase even further. In such cases, the sentence could range from 5 to 16 years, reflecting the legislature’s intention to treat stalking as a high-risk crime due to its potential to escalate into physical harm or even death.
In essence, the legal consequences for stalking are severe, and the presence of aggravating factors or a protection order can significantly raise the potential penalties. It’s important to understand that these charges are not to be taken lightly, as they can lead to long-term legal and personal consequences.
How Do Protection Orders Play a Role?
When someone fears for their safety due to stalking behavior, they can petition the court for a protection order. This order places legal boundaries on the stalker, prohibiting them from contacting the victim. Violating a protection order is a serious offense, and this violation can significantly increase the penalties a defendant faces especially in cases involving stalking.
How Serious is Stalking Legally?
The law treats stalking as an extraordinary risk crime due to its potential to escalate to physical violence or even death. Stalking charges can range from misdemeanors to felonies, depending on the specific circumstances. If a credible threat is made, or if the stalking is accompanied by violence, the charges and penalties become even more severe.
Cyberstalking and Online Harassment FAQs
- Who investigates cyberstalking? Local law enforcement investigates, but the FBI may become involved for serious cases, especially when there are interstate elements.
- Can police do anything about social media harassment? Yes, law enforcement can investigate and gather evidence of the online harassment involves threats or emotional distress.
- Can I file a police report for online harassment? Yes, you can file a police report for online harassment, especially if it involves threats or stalking behavior.
- Do police check social media? Yes, law enforcement can check social media for evidence of harassment or stalking.
- Will police do anything about online harassment? Yes, especially if it involves serious threats or stalking behavior.
If You Have Been Charged With Cyberstalking
Cyberstalking is a serious crime and as such it is taken very seriously by law enforcement, so much so that it can often be weaponized by people who are angry and looking to lash out, such as in the case of a nasty divorce, or a bad breakup. When this is the case behavior that would reasonably be accepted comes under scrutiny and individuals may end up charged with cyberstalking. If you have been charged with online harassment or cyberstalking we invite you to reach out to the Law Office of Rodemer | Kane. We have years of getting to the truth of a situation and fighting to protect the rights of our clients.