With the prevalence and rise of technology, there has been an exponential increase in cybercrimes in the past few decades. With the increasing instances of cybercrimes, cyberstalking has increased as well. If you have been charged with cyberstalking in New York State, then a New York stalking lawyer can assist you by informing you of your rights and developing a strategic defense strategy against your charges.
Cyberstalking cases can vary in severity and nature across all states, including New York. This is because of varying factors, such as the wide range of technology that can be used, the frequency of communication, or the mode of surveillance. In order to understand whether your charges should be classified as cyberstalking, it’s important to be aware of various examples of the crime.
What Is Cyberstalking in New York?
In order to understand examples of New York cyberstalking cases, it’s critical to understand the definitions of stalking and cyberstalking crimes. New York cyberstalking entails using technology or e-communications to stalk other individuals in the state.
Stalking involves the unwanted following of one person after another. Stalking itself can be any repeated form of harassment or threats. To prosecute an individual for a stalking crime, the courts must prove that they had the intention to elicit distress, fear, or harm toward the victim or that they were aware their behavior could have potentially done so.
While fourth-degree stalking is charged as a Class B misdemeanor, first-degree stalking is charged as a Class D felony and thus results in more severe penalties. Repeated offenses within the past five or ten years can increase the severity of a defendant’s charges.
As new online platforms arise or change, individuals may attempt to leverage them to stalk or harass others. Some examples of cyberstalking include the following:
- Tracking/Monitoring Online. This form of cyberstalking involves gaining access to an individual’s account credentials, computer, or phone in an unauthorized manner and tracking their online activity over time. It can also involve collecting personal information and tracking the individual’s location.
- Harassment via Online Communication. Any form of electronic communication that involves repeated communication with the aim to threaten, annoy, or distress a person is considered cyberstalking. This form of cyberstalking can occur through email, text, and other social media chat platforms.
- Harassment via Social Media. Harassment of a person over social media requires using social media platforms to threaten, annoy, or distress a person. This can include posting content that is defamatory, creating fake profiles impersonating someone, and uploading fake content that was created using AI.
- Cyberbullying. Cyberbullying typically requires the targeting of a specific individual online—usually a minor—in order to make fun of them or harass them. This can involve abusive words, both publicly and privately, as well as threats and starting rumors.
With the rise of technological devices and platforms comes the need for an awareness of cyberstalking, including how to avoid engaging in it. If you have been charged with a cybercrime, such as cyberstalking, hiring a qualified criminal defense lawyer could increase your chances of winning your case or having your charges reduced or dropped.
The Use of Deep Fakes
Deep fakes are videos or photos that appear to be real but are created using artificial intelligence. This content can feature an individual carrying out acts that, in reality, they did not perform. With the rise of artificial intelligence in recent years, there has been an increase in the creation of such content to harass or cyberstalk individuals.
While revenge porn includes posting fake intimate or explicit videos or photos of individuals online without consent in order to humiliate or harass them, there is a rise in the instances of deep fake content being used for the same purposes. If you have been charged with a cybercrime involving the use of deep fakes, then it’s absolutely critical to contact a New York criminal defense lawyer who can help you mount a proper defense.
Q: What Is Workplace Cyberstalking in New York?,
A: Workplace cyberstalking can be defined as the threatening or harassing of another person in the workplace. This can include threatening their position in the workplace via online chats or text messages, harassing them online at work, or repeatedly sending unwanted messages at work that are meant to annoy or instill fear or distress.
Q: Is Cyberstalking Illegal in New York?,
A: Yes, even if stalking is committed through the internet, it is considered illegal in New York. Examples of cyberstalking may include cyberbullying, tracking a victim’s location, repeatedly threatening a victim online, or using social media to harass a victim. The perpetrator must have purposefully put the victim in a state of fear or distress, or they must have been aware that doing so was a genuine possibility.
Q: How Do Prosecutors Prove Cyberstalking in New York?
A: In order to prove that an individual is cyberstalking someone else, it’s critical to prove that they had the intent to threaten, harass, or cause harm to the victim via electronic communication or digital means. Typically, a repeated pattern must be proven to the courts. This can be done by gathering and presenting evidence of the incidences of stalking or harassment, such as messaging history or social media posts, to the judge or jury.
Q: Who Are the Victims of NY Cyberstalking Cases?,
A: The victims of cyberstalking cases in New York can vary depending on the relationship that the perpetrator has with the victim, as well as factors such as age, sex, and ethnicity. Cyberstalking victims could be followed by unknown individuals, but victims can also have a romantic, work, or school-related relationship with the perpetrator.
Work With a New York Stalking Lawyer From the Law Offices of Robert Tsigler, PLLC
Cyberstalking crimes are taken very seriously in New York and the United States. Therefore, the associated penalties for such crimes are severe, and a conviction can have long-term consequences for you, your career, and your reputation. A stalking lawyer from the Law Offices of Robert Tsigler, PLLC, can help you understand the details of your case and work toward building a strategic defense strategy. Get in touch with us today.