Cyberstalking is a relatively new offense that encompasses stalking behavior conducted over the internet. A person commits cyberstalking when they use online platforms to initiate or maintain unwanted contact with someone else.
This form of online harassment can manifest through social media posts, text messages, or emails directed at a specific individual, violating harassment laws.
Under MCL 750.411s, anyone who sends a message through any communication medium—such as a computer, network, program, or the internet—without the recipient’s authorization may be breaking the law if any of the following conditions apply:
- The defendant knew that posting the message without the complainant’s consent would result in unwanted contact.
- The defendant intended for the complainant to feel molested, harassed, intimidated, or scared at the time of posting.
- The message would likely cause a reasonable person to feel intimidated, scared, harassed, or terrorized.
- The complainant actually felt harassed, terrorized, molested, intimidated, or frightened as a result of the message.
One of the most commonly misunderstood forms of sexual harassment is known as cyberstalking. Research shows that up to 40% of U.S. adults report experiencing online harassment or stalking.
Examples of cyberstalking include:
- Posting suggestive, offensive, or inappropriate comments.
- Following the victim online by joining the same forums and social media groups.
- Sending lewd, threatening, or controlling emails and messages.
- Using technology to threaten or blackmail the victim.
- Excessively tagging the victim on social media, even in unrelated posts.
- Liking or commenting on everything the victim posts.
- Messaging the victim repeatedly.
- Creating fake social media accounts to follow the victim.
- Hacking or taking control of the victim’s online accounts.
- Attempting to extort explicit photos or engage in “sextortion.”
- Under Michigan law, cyberstalking is typically prosecuted as a misdemeanor. If convicted, the maximum penalty can include a fine of up to $1,000 and/or a jail sentence of up to one year.
- However, if the target of the cyberstalking is under 18 and the adult perpetrator is at least five years older, the offense escalates to a felony. Cyberstalking a minor can result in a maximum of five years in prison, a fine of up to $10,000, or both.
- Although cyber harassment and cyberstalking are not classified among Michigan’s other sex crimes, research from 1999 indicates that many stalkers may be seeking some form of intimacy, including sexual gratification.
Penalty
The penalties for cyberstalking include:
- Unless otherwise specified, the person is guilty of a felony punishable by a fine up to $5,000.00 or up to 2 years in prison, or both. MCL 750.411s(2)(a).
- The punishment is increased to a fine up to $10,000.00 or up to 5 years in prison, or both, if ANY of the following apply:
- “Posting the message is in violation of a restraining order and the person has received actual notice of that restraining order or posting the message is in violation of an injunction or preliminary injunction.” MCL 750.411s(2)(b)(i).
- “Posting the message is in violation of a condition of probation, a condition of parole, a condition of pretrial release, or a condition of release on bond pending appeal.” MCL 750.411s(2)(b)(ii).
- “Posting the message results in a credible threat being communicated to the victim, a member of the victim’s family, or another individual living in the same household as the victim.” MCL 750.411s(2)(b)(iii).
- The person has been previously convicted of Using A Computer To Commit A Crime (MCL 750.145d or MCL 752.796), Stalking (MCL 750.411h), Aggravated Stalking (MCL 750.411i), or a substantially similar law of another state, a political subdivision of another state, or of the United States. MCL 750.411s(2)(b)(iv).
- “The victim is less than 18 years of age when the violation is committed and the person committing the violation is 5 or more years older than the victim.” MCL 750.411s(2)(b)(v).
Defense
Cyberstalking can provide grounds for a victim to obtain a personal protection order (PPO). The circuit court may grant a non-domestic PPO if the petition includes facts that constitute stalking as defined in sections 411h or 411i, or conduct prohibited under section 411s (cyberstalking) of the Michigan Penal Code. Importantly, relief can be sought and granted regardless of whether the individual to be restrained has been charged or convicted under these sections (MCL 600.2950a(1)). A PPO can be effective for up to one year but may be extended at the victim’s request if the judge deems it appropriate.
If the victim and the stalker have a domestic relationship—such as being married, sharing a child, or dating—the victim can more easily obtain a domestic PPO if there is “reasonable cause” to believe that the other person has committed or may commit cyberstalking behavior.
Contact Kirsch Daskas Law Group
Anyone facing cyberstalking charges in civil or criminal court needs a skilled legal counsel on their side to aggressively protect their rights. We are here to help you 248-792-3060.
