Philadelphia Federal Cyberstalking and Harassment Charges: Laws and Penalties

Philadelphia Federal Cyberstalking and Harassment Charges: Laws and Penalties

Online harassment has become an increasing issue in recent years. With more of our lives happening online, there are unfortunately more opportunities for cyberstalking, harassment, bullying and other abusive behaviors. This article covers the federal laws around cyberharassment that could apply if you face charges in the Philadelphia area, as well as potential defenses and penalties.

What Constitutes Online Harassment?

Not all rude or mean online behavior rises to the level of criminality. True cyberstalking and harassment requires an ongoing pattern of conduct with intent to harass, alarm, annoy or cause emotional distress. This could include:

• Repeated threatening or lewd messages
• Sharing private photos without consent
• Making false accusations about someone
• Encouraging others to harass the victim
• Tracking a victim’s online activity
• Damaging a victim’s reputation or relationships
• Attempting to access private accounts
• Monitoring a victim’s device usage

The conduct has to go beyond insulting speech and cause significant fear or distress. Situational context matters too – behavior by an estranged ex or former friend often appears more threatening than from a random online troll.

Key Federal Cyberharassment Laws

If cyberharassment crosses state lines or involves the U.S. mail system or interstate communications, federal charges may apply. Relevant statutes include:

• Interstate Communications Act – prohibits making interstate threats or extortionate demands.
• Interstate Stalking Punishment and Prevention Act – bars stalking conduct that causes substantial emotional distress and occurs across state borders.
• Section 875(c) of Title 18 of the U.S. Code – prohibits interstate communications containing threats to kidnap or injure a person.

Federal law also prohibits cyberstalking under the Violence Against Women Act (VAWA). This requires showing intent to kill, injure, harass or intimidate a spouse or intimate partner. Penalties can include fines and up to 5 years imprisonment.

The Computer Fraud and Abuse Act is another relevant law. It prohibits accessing a computer without authorization to obtain financial records, government info or any info that affects interstate commerce.

Defenses Against Federal Cyberharassment Charges

Some key defenses in federal cyberharassment cases include:

Lack of Criminal Intent

If messages were not intended to distress or intimidate, charges may not apply. Situational factors like a heated argument may show lack of true criminal intent.

Free Speech

Courts have upheld charges where threatening communications were “integral” to the harassment. But insulting speech without intent to distress may be protected.

Misidentification

If someone accessed your device or accounts without permission to send harassing messages, you may not be liable.

Penalties for Federal Cyberharassment Convictions

If convicted under federal cyberstalking or harassment laws, penalties can include:

• Fines up to $250,000
• Imprisonment from 1-5 years up to a life sentence for severe cases
• Probation or supervised release
• Restraining orders
• Forfeiture of devices used in the crime
• Required mental health counseling

Harsher sentences apply for offenders with prior stalking or domestic violence convictions. Immigration consequences are also possible for non-citizens.

Seeking Legal Help

Dealing with cyberharassment can be scary and stressful. If you face potential federal charges in the Philadelphia area, contacting an experienced criminal defense lawyer is essential. An attorney can evaluate the evidence against you, advise on possible defenses based on free speech and other rights, negotiate with prosecutors for reduced charges or divert you to a pretrial intervention program. With an experienced legal advocate on your side, you can make informed choices and work to resolve the situation as favorably as possible.