Cyber Law

More innocent residents of California than ever before are experiencing the frightening situation of being harassed by a cyber-stalker. What makes this issue hard to deal with is it only happens more as the use of computer systems and the Internet from people partaking in these crimes rises higher. However, California cyber stalking laws have been put in place specifically for the protection of innocent victims that have been targeted by cyber stalkers.

If you or one of the members of your family is facing frustrations associated with cyber bullies, you may well find the laws listed under Penal Code Section 646.9 of the California cyber stalking laws to be very helpful. These are laws that are in addition to the ones you will find listed in the Civil Code Section 1708.7.

Penal Code Section 646.9G states that it is unlawful to carry out threats that are done verbally, in written form, or communicated electronically, such as with a cell phone or home computer system. This is one of the California cyber stalking laws that does not require a person to actually show proof that the person doing the cyber stalking has intentions of carrying out the specific threats they are sending. It simply protects victims that are receiving threats of harassment from others that are capable of carrying out the activities they have in fact threatened.

In the event the guilty party is given probation for the cyber stalking activities they have been a part of, one condition they may receive is to complete counseling. However, it is solely up to the court to actually impose this specific requirement.The courts may also issue a restraining order against the defendant, which will ensure protection for the victim for up to ten full years, depending on the courts final decision. As per the California cyber stalking laws of this Penal Code, the time imposed on a restraining order is determined by different factors of the case. The key factor is the safety of the victim or family members that have been targeted in cyber stalking, the probability of the future posing further offenses, as well as the seriousness of the offense.

In the event that the offense is serious enough, or the problem has been ongoing even after prior convictions, time spent with The Department of Corrections may be warranted and imposed by the courts. If this is in fact the ruling for violations of the California cyber stalking laws stated in Penal Code Section 646.9, victims are to receive a 15 day prior notice of the defendant being released from the county jail or state prison system.

In the event you have been targeted by a cyber-stalker, it would be well worth your time to look into the specific California cyber stalking laws stated in this Penal Code, as there is quite a bit more valuable information that could be of great help to you.

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