What is Cyberstalking?

Similar to cyberbullying, cyberstalking is a related crime that involves the use of electronic communication to harass or threaten someone with some type of physical harm. Cyberstalking occurs when an offender uses any form of electronic communication (most commonly email, messaging, or texting) to:

1. Threaten to harm another person or their family or property
2. Extort money or other valuables from another individual
3. Threaten, terrify, or otherwise harass a victim through repeated contracts, or
4. Make knowingly false statements regarding a person or their family with the intent of threatening, terrifying, or harassing them.

Under Mississippi law, cyberstalking is classified as a felony, meaning the offender can face up to two (2) years in prison as well as a $5,000 fine. Importantly, if the offense occurs in violation of a restraining order or a condition of parole, probation, or pretrial release, the offender could face up to five (5) years in prison and a fine of up to $10,000. If the offender has a similar previous conviction, this enhanced penalty also applies.

Stalking & Aggravated Stalking

Often times, a prosecutor may also charge cyberbullying as stalking if the offender uses electronic communication to make a credible threat or repeatedly contacts another and knows or should have known that their conduct would cause a reasonable individual to fear for their own safety, another’s safety, or property damage. Importantly, stalking becomes aggravated stalking if the offender:

1. Brandished or used a deadly weapon with the intent of putting the victim or another person in fear of bodily injury or death
2. Has been convicted of stalking within the last seven (7) years, or
3. Was a registered sex offender at the time of the offense and stalked a minor

In Mississippi, stalking is considered to be a misdemeanor and can carry up to one (1) year in jail as well as a $1,000 fine. However, if the offense involved the violation of a restraining order or something similar, the fine increases to $1,500. On the other hand, aggravated stalking is a felony in Mississippi and as such, can carry up to six (6) years in prison and a fine of up to $4,000, depending on the circumstances.

Finding an Attorney

If you have been searching the Mississippi area for a qualified, experienced criminal defense attorney, look no further than Vic Carmody Jr., P.A. Over the years, we have helped numerous offenders pursue favorable outcomes. Although being accused of a crime like cyberbullying or cyberstalking is not a pleasant experience, there are many potential defense strategies that can be used to defend and reduce the charges against an offender. Call/contact us today for your consultation to learn more.

Please also see us on mississippi-lawyers.com and view our reviews on avvo.com, superlawyers.com, and martindale.com. Our email address is mississippi-lawyers.com and our office phone number is (601) 948 – 4444 option 1.

If your child has been charged with cyberbullying, you need the help of a qualified, experienced criminal defense attorney in Mississippi. Although you might assume that this is just “kids being kids,” the state may take this crime much more seriously than you would expect. A Mississippi criminal defense attorney can help ensure your child’s rights and future are protected.

Stalking is another related crime and this misdemeanor can result in a one-year jail sentence and a fine of up to $1,000. Aggravated stalking is a felony that may result in a five-year prison sentence. Once again, different sentences may apply if the defendant is younger than 17. However, this crime also has the potential to become more serious if the victim was younger than 18 years old.

Cyberstalking can be even more serious than stalking in the state of Mississippi. If convicted, your child faces a felony conviction and a prison sentence of up to two years.

Do Not Assume Your Child Will Get Off Easy Because of Their Age

It is important to note that juvenile court can be quite serious. Even though your child may not face “normal” prison sentences due to being younger than 17, the juvenile court can hand out life-altering punishments. In addition, it is quite possible for your student to be tried as an adult while still in high school. During their senior years, most students are older than 17. Of course, students could face these charges during their college years, as well.

In addition, a student may face additional legal consequences in the form of a civil suit. For example, the victim of alleged cyberbullying may sue your student for damages like emotional distress and suffering. In some cases, these lawsuits can be even more problematic than criminal charges.