Cyberstalking laws have been enacted in many countries, including the US, Australia, and the UK. Cyberstalking involves using electronic communication to harass, threaten, or harm someone. It differs from cyberbullying in that it is usually committed by adults. Victims can suffer emotional trauma and have personal information used against them. Punishments for cyberstalking vary by jurisdiction and can range from a misdemeanor to a felony.
Stalking laws have been around for years in many jurisdictions; however, most stalking laws, as written, do not apply to acts of cyberstalking. As a result, many jurisdictions have enacted or proposed cyberstalking laws to address the issues presented in today’s digital age. While cyberstalking is a relatively new crime, countries such as the US, Australia, and the UK have enacted cyberstalking laws. Additionally, many US states have enacted state laws making cyberstalking a state crime.
The definition of cyberstalking varies by jurisdiction. Typically, however, the definition involves using the Internet or other form of electronic communication to repeatedly and intentionally harass, threaten, or harm another person, group, or organization. Cyberstalking is generally distinguished from cyberbullying by the age of the perpetrator and the victim. Both the perpetrator and the victim of cyberbullying are usually minors, while cyberstalking is usually committed by an adult.
A victim of cyberstalking can experience severe emotional trauma. The stalker can make threats via email, the internet or even post them on social networking websites or chat rooms. A stalker can also obtain private and personal information about the victim and use it against them by creating fake online profiles or by purchasing items on the Internet under the victim’s account that could embarrass or frighten the victim. Cyberstalking laws make behavior like this illegal.
Some countries, such as Australia and the United Kingdom, have created cyberstalking laws by including provisions within general anti-stalking laws that address stalking by electronic or technological means. In the United States, the federal government covers cyberstalking in the Communications Decency Act. Violations of the act are punishable by a fine and/or up to two years in prison.
Many US states have also enacted, or are considering, cyberstalking laws. In most cases, cyberstalking laws are incorporated into recent amendments to general harassment or general stalking statutes. Texas, however, enacted separate legislation through the Stalking Electronic Communications Act of 2001.
Stalking and harassment laws in general can vary widely by jurisdiction, as can potential punishments. As a rule, harassment statutes make a violation of the statute a misdemeanor, while stalking laws can be either a misdemeanor or a felony. Cyberstalking, therefore, can be charged with a misdemeanor or misdemeanor depending on the jurisdiction. Furthermore, the more serious the threat and/or the more serious the behavior of the perpetrator, the more likely it is that the offense will be considered a felony and, therefore, punishable by more than one year’s imprisonment in most cases.
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