State Cyberstalking, Cyberharassment and Cyberbullying Laws

Cyberstalking.  Cyberstalking has been defined as the use of the Internet, email or other electronic communications to stalk.  It more generally refers to a pattern of threatening, harrassing and/or malicious behaviors.  It is considered a more dangerous form of internet harassment, because it often poses credible threat of harm and may involve a range of charges from  misdemeanors to felonies.

Cyberharassment. Cyberharassment generally does not involve a credible threat, but pertains to threatening or harassing email messages, instant messages, blog entries or websites that appear to generated to torment, provoke, and/or irritate an individual. Some states include cyberstalking, cyberharrassment, and cyberbullying into general stalking and harassment laws, while others have established laws specifically pertaining to activities taking place on the internet.

Cyberbullying. Cyberbullying and cyberharassment have been used interchangeably, but the term "cyberbullying" is most often used to indicate electronic harassment or bullying among minors within a school context.  The sanctions for cyberbullying range from school/parent interventions to misdemeanors and felonies with detention, suspension, and expulsion in between. Some of these laws promote Internet safety education or curricula that covers cyberbullying.


Some Individual State Laws pertaining to stalking, harrassment and bullying via the internet:

• Colorado - Colo. Rev. Stat. §§ 18-3-602, Stalking-penaltie-definitions;  
• Colo. Rev. Stat. § 18-9-111, Colo. Rev. Stat. § 24-30-2103. Definitions.
• Colo. Rev. Stat. § 13-14-101. Definitions. Harassment., Colo. Rev. Stat.18-6-803.5. Crime of violation of a protection order - penalty - harassment-stalking 

The Colorado state legislature treats stalking as a very serious offense and the stalking laws and penalties reflect that. If you are facing a stalking charge you could face serious prison time and very large fines.  You may be charged with stalking if you are accused of any of the following:

• Make a threat to someone and also repeatedly follow, approach, contact, or watch that person, someone in their family, or someone they have a relationship with,
• Make a threat to someone and repeatedly try to communicate with that person, a member of their family or someone they have a relationship with, whether or not a conversation ensues.
• Repeatedly follow, approach, contact, watch, or attempt communication with someone, a member of their family, or someone they have a relationship with in a manner that would cause a reasonable person to suffer serious emotional distress and does cause someone to duffer serious emotional distress.

First offense: Class 5 felony charge, potential  sentence of 1 to 3 years in prison and fines from $1,000 to $100,000.  Second or subsequent offense,  or it is committed in violation of a protection order:  Class 4 felony, potential sentence of 2 to 6 years in prison and fines of $2,000 to $500,000. Ref: CRS 18-9-111

• Georgia -Georgia Code § 16-5-90 , Georgia Code § 20-2-751.4
  
  Following, surveillance, or contact with another to harass and intimidate. Aggravated stalking: stalking in violation of court order, bond, injunction or probation.
  

  First offense: Misdemeanor. Aggravated stalking: felony; imprisonment minimum 1 year and maximum 10 years and fine maximum $10,000. Second Offense:For 2nd and subsequent convictions: felony; imprisonment minimum 1 year and maximum 10 years.  Restraining order issued upon filing of petition setting forth probable cause.

• Texas -Tx. Penal Code § 33.07
  
  If on more than one occasion and pursuant to scheme or course of conduct directed at specific person, knowingly engages in conduct that: (1) stalker knows/reasonably believes victim will view as threatening, (2) causes fear, and (3) would cause a reasonable person to fear.
  

  First offense: 3rd degree Felony, potential sentence 2-10 years in prison and fine maximum of $10,000; Second offense: 2nd degree Felony,  potential sentence 2-20 years in prison and fine maximum of $10,000.