Understanding Cyberstalking vs. Harassment: Is It a Crime?
Cyberstalking is more than just the occasional social media check. It’s the repeated, unwanted behavior that causes serious emotional distress. Whether through direct messages, emails, or comments, the internet has become a powerful tool for those looking to torment others. But can simply looking at someone’s profile count as stalking? It’s important to understand when online behavior crosses the line.
The Legal Difference Between Cyberstalking and Harassment
- Cyberstalking involves repeated online behavior that causes a person to fear for their safety or well-being. It requires a pattern of behavior, like threats, unwanted contact, or tracking someone’s movements online.
- Harassment, on the other hand, is more about intentional annoyance or distress. It could be a one-off instance, but the intent behind it is to upset the person involved.
Both behaviors are serious, but it’s the repeat nature of cyberstalking, coupled with the serious emotional distress and fear it causes, that differentiates it from harassment.
What is Considered Cyberstalking; When Does is Cross the Line?
Cyberstalking occurs when the repeated online contact escalates to a point where the victim feels scared to engage in normal activities. For example, if someone repeatedly sends threatening messages or posts derogatory comments about you on social media, you may begin to change your routines like avoiding public spaces, blocking numbers, or even moving. These actions are a direct result of serious emotional distress, a key element in proving cyberstalking.
What Makes Cyberstalking Different?
It’s not just about the actions of the stalker but how these actions impact the victim. If these actions create a credible threat or a fear of harm, especially when combined with repetitive behavior, it crosses into the realm of cyberstalking. The use of social media platforms such as Facebook, Instagram, or even more niche spaces like Reddit makes it easier to engage in this harmful behavior, often without immediate physical contact.
Cyberstalking Examples and Cases of Online Harassment
We have seen many different types of alleged cyberstalking and online harassment through the years. The following are illustrative examples of types of cases that would be considered cyberstalking.
Case Study 1: Posting About an Ex on Reddit
A man was upset about his breakup and posted on Reddit about his ex who cheated on him, sharing her photo and where she would be attending an event. He encouraged others to “tell her what they think of her.”
This created a situation where third parties could engage in harassment or intimidation. Even though he didn’t directly contact the ex, the repeated online attention and the public exposure of her location created a credible threat and serious emotional distress.
Outcome
He ends up facing harassment charges and potentially stalking, since the conduct was repeated, public, and could reasonably place the victim in fear.
Case Study 2: Using Social Media to Track a Public Event
A woman posted on Facebook that she was attending a county fair. Someone she had previously asked not to contact her commented online saying, “I see you’re at the fair. I’m going to find you.”
The individual showed up at the fair shortly after posting the comment to intimidate the woman. This combination creates both cyberstalking (the online message) with traditional stalking (showing up physically).
Outcome
Because the behavior demonstrated intent, proximity, and the ability to carry out the threat, prosecutors treated it as a credible threat and moved forward with serious felony charges.
Case Study 3: The Public Figure Obsession
A fan repeatedly posted online messages about a public figure, tracked their appearances through social media, and eventually showed up at several locations where the figure appeared.
Even public figures have protections when behavior crosses into credible threat territory. There are cases like the Taylor Swift example, where a fan’s repeated attempts to approach her led to a stalking conviction.
Outcome
Tracking, repeated appearances, and obsessive messaging formed a clear pattern of stalking and will lead to an individual being charged, however there needs to be a clear pattern of obsessive behavior, otherwise any ‘superfan’ or ‘groupie’ could technically be charged with stalking.
Cyberstalking FAQs
- Is looking at someone’s social media harassment? No, simply looking at someone’s social media is not harassment. There must be an element of trying to harass, annoy, or scare an individual for it to be considered harassment. Or the individual has to have specifically asked to be left alone and contact has continued.
- Is googling someone cyberstalking? No, simply Googling someone is not cyberstalking unless it leads to repeated contact or harmful behavior. It is the same with looking them up on different social media platforms. Just looking at someone’s profile or browsing social media without further contact or harmful intent is not considered cyberstalking.
- What qualifies as harassment on social media? Is social media harassment a crime? Repeatedly sending unwanted messages, making threats, or leaving negative comments with the intent to annoy or alarm is considered social media harassment. This behavior is a crime if it involves threats, repeated unwanted contact, or harassment, and could lead to criminal charges.
- Can someone go to jail for social media harassment? Depending on the severity of the act the punishment for cyberstalking or online harassment can be jail for up to 364 days for misdemeanor social media harassment. If the charges are bumped up to a felony they can carry even further jail time as well as fines.
- Is cyberstalking a form of harassment? Yes, cyberstalking can be considered a form of harassment when it involves repeated online behavior that causes emotional distress.
If You Have Been Charged With the Crime of 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, bad breakup, or even domestic violence cases. 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 we invite you to reach out to a cyberstalking defense lawyer at 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.