Texas Law: What Is Considered Cyberstalking?
Texas law defines cyberstalking as a subsection of stalking, and it adds the words "by any means" to the common description of the act, which is "intentionally and knowingly." The full definition reads: "A person commits an offense if, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, the person knowingly engages in an offense outlined as stalking … where the actor’s intent is to harm, defraud, intimidate, or harass another . " Prosecuting a case of cyberstalking under this provision requires showing that any of the defendant’s communication at the time it was received had "a substantially adverse effect" on the other person.
This element of cyberstalking on its sixth occurrence against the victim is a covered third degree felony, which has a punishment range of two to 20 years in prison and a fine of up to $10,000. If the victim is a disabled, elderly person or a child, then the crime is a second degree felony with a punishment range of two to 20 years in prison, and a fine of up to $10,000.
Texas Cyberstalking Laws
Cyberstalking is governed by Texas Penal Code § 42.07 (a) (7). Under Texas Penal Law § 42.07 (a) (7), a person commits an offense by, "intentionally or knowingly initiat[ing] a communication, including communication by electronic mail or another electronic communication, or in any other manner that harasses another person." For a communications act to qualify as harassment it need not occur repeatedly and does not have to be especially outrageous. Harassment requires no more than a single unwanted communication. An offense under § 42.07 (a) (7) is a Class B misdemeanor. Also, harassment against a child or against an elderly, special needs, or disabled individual is a higher level offense as a Class A misdemeanor.
There may be circumstances when a harassment does not qualify as cyberstalking. For instances if the communication is only offensive because of its repetition, it may not be criminal harassment. Texas Penal Code § 42.07 (b) (2) exempts communication made "in person, by telephone, or over the internet by an interactive computer service." This means that harassing messages sent knowingly over the Internet such as through an e-mail or Facebook, do not constitute cyberstalking. The statute does not extend to conduct that falls under First Amendment free-speech protections. Therefore, postings on the Internet are excluded so long as such conduct maintains First Amendment protection. Cyberbullying is sometimes protected Free Speech. Public concern about cyberstalking has led many states to propose strong anti-cyber bullying legislation. However, the legal parameters on the issue have yet to be determined, and there can be a fine line between cyberstalking and cyberbullying.
Cyberstalking Criminal Penalties
In Texas, cyberstalking is considered a serious offense and it carries severe implications. Depending on the specific circumstances, cyberstalking can be prosecuted as a misdemeanor or a felony. Misdemeanor charges are typically on the lower end of the penalty spectrum, while more severe charges can result in the defendant serving a lengthy prison sentence.
If an individual is convicted of cyberstalking under Section 42.072 of the Texas Penal Code, the following penalties apply:
Repeat Offenses
Penalties become exponentially more severe if the defendant has previously been convicted of cyberstalking. If this is the case, they will be charged with a third-degree felony, which can result in a prison sentence of between two and ten years, as well as intensive fines of $10,000.
Additional Factors
There are factors that can influence the severity of the penalty of a cyberstalking conviction in Houston and throughout the state of Texas. If the defendant has a history of mental illness, such as schizophrenia, the defendant will most likely be sentenced to probation and ordered to undergo mental health treatment under the mandate of their probation conditions. Typically, defendants do not serve time in county jail for a first-time misdemeanor offense. Rather, the court will usually impose a non-reporting probation, meaning the offender only has to check in annually with the probation department. In fact, most first-time offenders will not even have to meet with a probation officer in person.
However, if the charge comes with aggravating circumstances, the defendant may receive a term of reporting probation, meaning they will be required to meet with a probation officer on a weekly basis. When charged with a felony, sentencing becomes more serious and a conviction will almost always lead to actual confinement.
How To Report Cyberstalking In Texas
If you believe that you are the victim of cyberstalking in Texas, it is important to understand the steps that should be taken to protect yourself and your assets. These include the following: Notify authorities. The Texas Department of Public Safety (TxDPS) has numerous resources for the general public, including information on how to report cybercrime and cybersecurity tips. Victims can report cybercrime online at the TxDPS website. You can also call local law enforcement for assistance. Maintain careful records. Keep a log of all information related to the cyberstalking, including dates and times, along with a detailed description of what occurred. Include screenshots and saved copies of harassing material. It is also a good idea to save all evidence to the cloud or an external hard drive. Avoid further confrontation. It can be tempting to try to resolve the issue directly with the perpetrator, but this rarely works well. Instead of attempting to handle problems with cyberstalking directly, it is best to work through authorities such as the police or your attorney. Protect your privacy online. Change all your passwords and ensure you have two-step authentication enabled for any online accounts you use. Look into ways to secure your phone from hackers. Close all vicious social media accounts and set up new ones that the attacking person does not know about. Avoid using your real name and other personal identifying details online when possible. Take legal action. Pursuing legal remedies, such as filing for a restraining order, can help protect you against further harm from cyberstalking. Your attorney can advise you of the options available after reviewing your particular situation. You do not have to tolerate online harassment. Work with a knowledgeable attorney to understand your rights after suffering from cyberstalking in Texas.
Preventative Tips And Defense Strategies
As noted above under "Legal Elements of the Crime," a range of state and federal laws come into play in a cyberstalking investigation or prosecution. A common defense that has been raised in criminal prosecutions is that the circumstances do not meet the elements of the crime. For example, is the language on the page "So and so is a loser.." really harassment? Or is it simply an expression of one citizen’s opinion about another? A defense attorney may argue that the language wasn’t directed at the victim, that there was no intent to harass, that the language isn’t threatening or obscene, or that the suspect had no intent to cause fear or emotional distress.
Another cyberstalking defense would include evidence of identity theft. A fake Facebook page or email id is relatively easy to create. If an unknown party created a fake identity in someone else’s name posing as that person in cyberspace, that crime may give rise to a legal defense.
There are also several preventative measures that individuals can take to ensure they do not become victims of cyberstalking. The first step is to protect yourself, which means refraining from publicly posting or revealing personal information in cyberspace . Leaving your address or phone number off of your Facebook or Instagram site is one good preventative measure. Blocking the location-based geo-tagging feature available on many social media platforms is another. If you don’t want others to find you, then don’t make yourself easy to find.
Obtaining a court order of protection is another step individuals can take to legally protect themselves when they feel in danger of being stalked. The state’s Protective Order Registry allows citizens to search for a protective order that has been filed by or against them. If your name comes up and you do not have a protective order prohibiting the other person from coming near you, you would be wise to hire an attorney, as there’s a chance that you may indeed be the victim of a stalker.
Finally, complete record-keeping is essential. The more documentation of alleged cyberstalking behavior you have, the better your chances of getting a measure of legal protection. Keeping a record of all electronic communications – including preserving social media and smartphone records – is the best way to support your cybersecurity complaint.
Cyberstalking and Technology
The impact of technology on the occurrence of cyberstalking has been nothing short of profound. Where stalking was once relegated to the realm of direct confrontation, the internet has opened up whole new avenues for individuals who would rather stalk their victims remotely. This can often be done through social media, email, and other electronic means that are commonplace in our everyday lives.
For example, Twitter allows individuals to send a short message to another person, even if they are not listed as a friend. This allows a cyberstalker to harass someone by constantly bombarding them with messages. Similarly, many popular apps allow users to send anonymous messages to people with whom they have no direct contact. This provides a stalker with an easy way to harass another person without revealing their identity.
Furthermore, sites like YouTube make it easy for anyone to upload and share videos. This is often used by cyberstalkers to post videos of themselves or their victims online. These can be linked to their social media profiles or otherwise made accessible to the public, furthering the victim’s humiliation and causing them tremendous emotional distress.
However, the greatest impact that technology has had on cyberstalking may be in the courtroom. Because cyberstalking often occurs remotely, it has made proving that a crime has occurred more difficult. Fortunately, over the last several years, courts across the state have learned to embrace the possibility that crimes can occur online, rather than taking the stance of denial that they did in the past.
One of the biggest challenges faced in prosecuting cyberstalkers is that they often make heavy use of false identities or untraceable technology in order to harass their victims. This has made identifying and tracking down these offenders far more difficult than they should be, and is the primary reason why so many of these cases go unsolved.
Fortunately, recent years have seen a crack down on the use of fake profiles and anonymous devices to stalk others. This has become more difficult, however, with the arrival of technologies such as encrypted networks and internet privacy browsers. Many stalkers are finding it increasingly difficult to avoid harassment charges, while law enforcement officials are finding it increasingly difficult to carry out their duties. Expect this to change in the future, as law enforcement agencies and prosecutors have made a point to train their personnel in using the technology of today.
If you’ve been the victim of a stalker, never hesitate to speak with someone about your case. You don’t deserve to be harassed and stalked by another person. It’s time that you put a stop to it with the help of an experienced Texas criminal defense attorney like Greg Tsioros. We’ll fight hard to make sure that your stalker is brought to justice.
Law Enforcements And Legal Aid
The roles of law enforcement agencies in Texas concerning cyberstalking cases, and the support available to victims through legal channels and advocacy groups, are crucial elements in effectively combating this issue. In cases of cyberstalking, law enforcement may provide support such as investigating complaints, gathering evidence, and helping victims understand their rights and options under the law. However, due to the non-physical nature of these crimes, local law enforcement agencies may struggle with prosecuting cyberstalking cases.
Victims of cyberstalking in Texas also have numerous legal support options available to them . For instance, victims can seek a protective order against the individual. A protective order can prohibit the alleged cyberstalker from any access to the victim’s accounts online and even by phone (if the stalking is perpetrated over MMS/SMS messaging) and in some cases, prevent the stalker from contacting or harassing the victim in any form whatsoever.
Advocacy groups can also assist victims of cyberstalking. National and local organizations provide resources on how to locate support services, report cyberstalking, and seek legal action against cyberstalking.