Cyberbullying Report
Anti-Bullying and Internet Safety Services
Stop Letting Them Get Away with It!

Cyber-Stalkers Beware

Cyber-Stalkers Beware
Cyber-Stalkers Beware
Report #: 6507 - 0 Comments
Date Reported: Saturday, March 13, 2021
Status: Active and Ongoing
Severity: High - Cyberstalking
Primary Weapon: Other
Specific Location: Bel Air
City/Local Area: Los Angeles
State/Territory: California
Region: United States

{P. HARTIGAN-ATTORNEY }

COMPUTER& INTERNET LAW

THINK TWICE BEFORE ENGAGING IN ON LINE HARASSMENT, CYBER-STALKING AND OTHER COMPUTER RELATED CRIMES:

CYBER-STALKING is a 'FELONY CRIME' in nearly every state. The Penalties can be "unusually Severe" . Having a 'Felony" conviction on one's record can have a negative impact on a persons life indefinitely. Careers can be "Ruined" Professional Licenses can be stripped and lives can be changed forever. Being "labeled" a Cyber-Stalker is certainly not a ""PLUS" and can certainly have "Negative" consequences on a persons every day life.

When I first began practicing Internet Law in 1991 the Internet was in its infancy. Therefore, there was not a great deal of knowledge about 'INTERNET' Abuse. However, within about three {3} years Internet "Misuse" and "Abuse" was becoming more common. The Legal Profession quickly realized that aside from the positive aspects of the Internet, the Internet also had dangerous side if "Misused". Cyber-Stalking soon became one of the "Dangers" associated with the "WORLD WIDE WEB".

Soon cases of Cyber-Bullying and On-Line Harassment began to surface. In 2021, Cyber-Stalking has reached an all time high. Harsh punishment through the Courts seem not to deter many of those engaging in Computer Crime.

When I began handling Cyber-Stalking cases, I quickly realized the Cyber-Stalking was very "DELIBERATE" and very "PERSONAL". Many times the "Victim' is being stalked by someone that he/ or she were once closse to.

To simplify, A Cyber-Stalker is attempting to "Bully" and "Control" their Victim from behind a Computer Screen. The Victim can suffer great anguish, fear and depression as a result of being Cyber-Bullied. Many popular Web-Site Forums have upgraded their Security Controls so that Cyber-Stalking can be more easily detected. Internet Forums are always willing to cooperate with Law Enforcement and Attorney's when an Cyber-Stalking Investigation is warranted. In most states 'COMPUTER CRIME' falls under STATUTE # 4C:

I tried many "Cyber-Crime" Cases throughout my 30 year career in Law. The Courts tend to severely punish the "Guilty" person as a way of sending a "Zero Tolerance" message to society especially when Cyber-Stalking is involved. Sentences even for first time offenders can involve Jail time and Court fines up to $25,000.

I have been on both sides of the fence. I have 'Defended' clients accused of Cyber-Stalking. In addition, I have represented Clients that were "Victims" of a Cyber-Stalker. In most cases when a case goes to Court for Cyber-Stalking, the evidence directly implicates the accused. Therefore, the attorney does not have much to work with as far as mounting a Defense. Judges seldom allow the accused to Plea to a lesser charge.

The bottom line: if the Evidence is direct and it implicates the accused the case is 'OVER'. That's why I urge the Public to be 'Cautious"when you use the Internet. Cyber-Stalking is common on Public Forums such as Facebook, Reddit, Meet-Up and even web sites such as Linked-In.

Cyber-Stalkers are normally socially deficient and feel inferior around most people. Therefore, they become accustomed to hiding behind a Computer screen far removed from society and people. Cyber-Stalkers feel that hiding behind a computer screen enables them to express, anger, jealousy even hatred toward their intended target without seeing them face to face. Hiding behind a computer screen is a perfect "Forum" for an anti-social personality type. There is no one present to "Confront' the Cyber-Bully. Therefore, he or she is free to do whatever they wish with just the touch of a button.

Sooner or later the person is caught and forced to face unpleasant consequences. The first question I used ask an accused client before I viewed any evidence was "DID YOU DO IT". If the answer was "Yes" then the "Evidence" usually fell into place and it told me a "Disturbing Story". Keep in mind, even if a Cyber-Stalking case is resolved between the accused and the Victim {without going to court}, the accused is still technically "Guilty" as long as the Evidence supports the claim.

When a Cyber-Stalking case is resolved between the person's involved and the Attorney's {without a Court hearing}, the "Guilty" party essentially dodged a "Bullet". However, technically the "Accused" is still Guilty as long as supporting evidence exists. Even if a case of this nature is Settled or Dismissed, the accused can still be 'GUILTY" of a crime. The only difference is that the Case didn't go before a Judge and Jury. Still the act was Committed and Evidence can prove the claims. Which paints the "Accused" in a negative light. Even when a conclusion is reached the evidence and documents can be Public Record.


I can't stress enough "Think" before going on line and engaging in any activity that can be considered 'ILLEGAL' such as 'HARASSMENT-'STALKING'-THREATENING ANOTHER'-'USING SEXUAL PROVOCATIVE' language or attempting to "Intimidate" a person by using fear tactics.

For anyone experiencing on-line Bullying, Stalking and other Illegal acts contact POLICE Immediately. You may also consider consulting with an Attorney experienced in Computer crime and On-Line Harassment. The Attorney will explain your rights if you fall Victim to Computer Crime.

I am semi-retired after 30 plus years. A good portion of my time is spent teaching Law at the University, Co-authoring books and most important spending time with my Grandchildren.


*IP/ISP Information plays a Critical role in a Cyber-Stalking Case. Other testimony and evidence is important however, the IP Information is Powerful Proof that is considered "Not Disputable". Recovered E-mails can also prove to be "Powerful" evidence in Cyber-Stalking cases.

*Listed below are some Cyber Crime cases in which I handled. If you notice the Penalties were quite severe for the Defendant's;


Case: XXX-5660:119496/ Settled after Jury Trial which ended on 04/18/2016: Defendant found "GUILTY" /Cyber-Stalking/On-line Harassment/Infliction of Emotional Stress: SENTENCED TO 18 MONTHS IN COUNTY JAIL/$6,000 Fine {First Offense}. Now has a FELONY Record:

PROOFS/EVIDENCE: COMP DATA/ CELLULAR PH RET/.

{Settled 9/24/2017}:

Case: XXX-5591:116488/Settled between two parties{No Court Trial}

Defendant Pleaded Guilty to "CYBER STALKING" a 16 year old minor:

SENTENCED TO 60 Days COUNTY JAIL, / $20,000 Fine/ Injunction "PROHIBITED FROM USING THE INTERNET" {for 3 years}. Required to report to Probation officer following release.

EVIDENCE: IP INTERNET DATA/ TESTIMONY {Expert}/ INTERNET HARD DR RETRIEVAL /


{Settled 6/05/2018}

JURY TRIAL- 'YES'/ Defendant- "Guilty"- No Plea/Jury decided:/

CYBER-BULLYING-INVASION OF PRIVACY RIGHTS/ SLANDER{online}: Suspended Sentence/ {Repeat offender}]:

Case: Removed from DOCKET:/ Court Record Sealed/07/12/2019:


Case#XXX-008655-13:/ Def "GUILTY"/ Jury Trial-YES; CASE CONCLUDED- 11/02/2018............

SENTENCE;

PRISON -27 Months/State Prison/

Fine $ not yet det..............

{Second Offense}:

Two {02} Rel comp crimes......

VIOLATION-XX06669-44442

VIOLATION-XX077488-0036; /PB77;

FELONY CONV-'Y'/..............


Case: 0069:1011-Xxx {Concluded 03/21/2019} JURY TRIAL {YES}...

Defendant Found 'GUILTY'/ CYBER-STALKING/ ON-LINE HARASSMENT/ INTERNET TROLLING:

Evidence/ IP DATA/TESTIMONY/ EMAIL MESSAGES: COMP FORENSICS/

SENTENCE: 52 MONTHS STATE PRISON

FINE-$22,000

FED INJUNCTION-INTERNET USAGE PROHIBITED:

SUSPENSION OF CONTRACTOR LICENSE '{5 years}.

NO APPEAL HEARD:

Trial Period- Three {3} Months/. FELONY RECORD.



*Above Cases are Public Record. However, names of Defendant's are not included. CASE Numbers identify Defendant:




There Are 0 Comments

Login to Comment
 
 

Insert Loader
Your Data is Uploading...