Cyber-Stalking

Cyber-stalking charges can arise from a variety of online activities, often catching the accused off guard. A contentious breakup, a misunderstood joke, or even a case of mistaken identity can lead to serious legal consequences.

In our increasingly digital work, the line between harmless online interactions and criminal behavior can become blurred. However, the virtual nature of these allegations doesn’t make them any less serious in the eyes of the law. If you are accused of cyber-stalking, it is essential to seek the help of a defense lawyer as soon as possible. 

What Counts as Cyber-Stalking in Washington State?

According to the Revised Code of Washington (RCW) 9A.90.120, cyber-stalking, legally termed cyber harassment, occurs when a person intentionally harasses or intimidates another through electronic communication. This can include using lewd, lascivious, indecent, or obscene words, images, or language, or suggesting the commission of any lewd act.

The law also considers repeated or anonymous communications as potential cyber harassment. Threats of bodily injury or property damage, whether immediate or future, fall under this category as well. The severity of the offense increases if these threats cause a reasonable person to fear for their safety or suffer emotional distress.

The intent behind the communication plays a significant role in these cases. Even if you did not mean to cause harm, your actions could be interpreted as cyber-stalking if they meet the legal criteria as defined by Washington law.

Potential Penalties for a Cyber-Stalking Conviction

The consequences of a cyber-stalking conviction can be severe and long-lasting. For first-time offenders, cyber-stalking is often classified as a gross misdemeanor. This can result in up to 364 days in jail and fines reaching $5,000. However, certain factors can elevate the charge to a Class C felony and increase the potential penalties.

Aggravating factors that can lead to felony charges include:

• Prior convictions for harassment against the same victim or their family members
• Threatening to kill the victim or any other person
• Harassing a criminal justice participant or election official during or because of their official duties
• Violating a protective order while committing cyber harassment

A Class C felony conviction can result in up to 5 years in prison and fines up to $10,000. Additionally, each electronic communication can be considered a separate offense; in cases involving multiple messages or emails, the charges can quickly accumulate.

Potential Defenses to Cyber-Stalking in Washington

If you are facing accusations of cyber-stalking, it is essential to contact a criminal defense lawyer right away. Your attorney can analyze the specifics of your case and employ a range of defenses so that your rights are protected and your freedom is preserved.

For example, you may be able to prove that you were not the person who sent the communications in question. Your lawyer might also challenge the prosecution’s evidence, arguing that it is insufficient to prove all elements of the crime beyond a reasonable doubt. 

Contact a Washington Criminal Defense Attorney Today

Cyber-stalking charges can have serious consequences for your personal and professional life. The Law Offices of Mark S. Treyz can help protect your rights and defend your freedom. Our Tacoma criminal defense lawyer will thoroughly examine the evidence against you, challenge any constitutional violations, and work to protect your reputation. Contact us at (253) 272-8666 to speak with an attorney who understands these modern legal challenges and can guide you through the legal process.