Cyberstalking

Furious that her ex-boyfriend slept with her best friend, defendant puts up a post on Facebook falsely stating that boyfriend enjoys intimate relations with inbred dogs (actually, the phrase “enjoys intimate relations” and the term “dogs” are mine; defendant herself employed far more colorful language). Since boyfriend and defendant are “friends” on Facebook, defendant knows that boyfriend will see the post. Did defendant commit a crime? In a post here, I wrote about cyberbullying, a crime enacted in 2009. A related offense but one that generates far more charges annually (over 1,200 charges in 2010) is cyberstalking. Because I get a fair number of questions about cyberstalking, particularly with regard to postings on social media sites such as girlfriend’s above, I’ll use this post to explain the crime. The cyberstalking statute, G.S. 14-196.3, actually proscribes four offenses, all of which are Class 2 misdemeanors. G.S. 14-196.3(d). Using Electronic Email or Electronic Communication To Threaten or Extort The first cyberstalking offense involves using electronic email or electronic communication to threaten or extort. A person guilty of this offense uses in electronic mail or electronic communication words or language threatening to inflict bodily harm to any person, threatening physical injury to the property of another, or for the purpose of extorting money or other things of value from any person. G.S. 14-196.3(b)(1). If there is no threat or purpose to extort, this offense doesn’t apply. Note that as to the threat, statute does not define the terms “bodily harm” or “physical injury.” For [...]