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Georgia Cyberstalking Laws

Georgia Cyberstalking Laws

§ 16-5-90. Stalking; psychological evaluation

(a)(1) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. For the purpose of this article, the terms “computer” and “computer network” shall have the same meanings as set out in Code Section 16-9-92; the term “contact” shall mean any communication including without being limited to communication in person, by telephone, by mail, by broadcast, by computer, by computer network, or by any other electronic device; and the place or places that contact by telephone, mail, broadcast, computer, computer network, or any other electronic device is deemed to occur shall be the place or places where such communication is received. For the purpose of this article, the term “place or places” shall include any public or private property occupied by the victim other than the residence of the defendant. For the purposes of this article, the term “harassing and intimidating” means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person’s safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made.

(2) A person commits the offense of stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, standing order issued under Code Section 19-1-1, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the harassment or intimidation of another person, broadcasts or publishes, including electronic publication, the picture, name, address, or phone number of a person for whose benefit the bond, order, or condition was made and without such person’s consent in such a manner that causes other persons to harass or intimidate such person and the person making the broadcast or publication knew or had reason to believe that such broadcast or publication would cause such person to be harassed or intimidated by others.

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(b) Except as provided in subsection (c) of this Code section, a person who commits the offense of stalking is guilty of a misdemeanor.

(c) Upon the second conviction, and all subsequent convictions, for stalking, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than ten years.

(d) Before sentencing a defendant for any conviction of stalking under this Code section or aggravated stalking under Code Section 16-5-91, the sentencing judge may require psychological evaluation of the offender and shall consider the entire criminal record of the offender. At the time of sentencing, the judge is authorized to issue a permanent restraining order against the offender to protect the person stalked and the members of such person’s immediate family, and the judge is authorized to require psychological treatment of the offender as a part of the sentence, or as a condition for suspension or stay of sentence, or for probation.

HISTORY: Code 1981, § 16-5-90, enacted by Ga. L. 1993, p. 1534, § 1; Ga. L. 1998, p. 885, § 1; Ga. L. 2000, p. 1283, § 1.

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Posted by admin - August 30, 2010 at 10:51 pm

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Washington D.C. Cyberstalking Laws


Washington, D.C. Cyberstalking Laws

Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 31A. Stalking

§ 22-3132. Definitions.
For the purposes of this chapter, the term:

  1. “Any device” means electronic, mechanical, digital or any other equipment, including: a camera, spycam, computer, spyware, microphone, audio or video recorder, global positioning system, electronic monitoring system, listening device, night-vision goggles, binoculars, telescope, or spyglass.
  2. “Any means” includes the use of a telephone, mail, delivery service, e-mail, website, or other method of communication or any device.
  3. “Communicating” means using oral or written language, photographs, pictures, signs, symbols, gestures, or other acts or objects that are intended to convey a message.
  4. “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling;
  5. “Financial injury” means the monetary costs, debts, or obligations incurred as a result of the stalking by the specific individual, member of the specific individual’s household, a person whose safety is threatened by the stalking, or a person who is financially responsible for the specific individual and includes:
    1. The costs of replacing or repairing any property that was taken or damaged;
    2. The costs of clearing the specific individual’s name or his or her credit, criminal, or any other official record;
    3. Medical bills;
    4. Relocation expenses;
    5. Lost employment or wages; and
    6. Attorney’s fees.
  6. “Personal identifying information” shall have the same meaning as provided in § 22-3227.01(3).
  7. “Specific individual” or “individual” means the victim or alleged victim of stalking.
  8. “To engage in a course of conduct” means directly or indirectly, or through one or more third persons, in person or by any means, on 2 or more occasions, to:
    1. Follow, monitor, place under surveillance, threaten, or communicate to or about another individual;
    2. Interfere with, damage, take, or unlawfully enter an individual’s real or personal property or threaten or attempt to do so; or
    3. Use another individual’s personal identifying information.

§ 22-3133. Stalking.

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United States Federal Law

Stalking and Cyberstalking – U.S. Federal Code

US Code 18 Section 2261A:

Whoever–

(1) travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury to, or causes substantial emotional distress to that person, a member of the immediate family (as defined in section 115) of that person, or the spouse or intimate partner of that person; or

(2) with the intent–

    • (i) that person;
      (ii) a member of the immediate family (as defined in section 115 [1] of that person; or
      (iii) a spouse or intimate partner of that person;
  • (A) to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate, or cause substantial emotional distress to a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or

    (B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the death of, or serious bodily injury to–

    uses the mail, any interactive computer service, or any facility of interstate or foreign commerce to engage in a course of conduct that causes substantial emotional distress to that person or places that person in reasonable fear of the death of, or serious bodily injury to, any of the persons described in clauses (i) through (iii) of subparagraph (B); [2] shall be punished as provided in section 2261(b) of this title.

Section 2261 (B):

(b) Penalties.– A person who violates this section or section 2261A shall be fined under this title, imprisoned–

    (1) for life or any term of years, if death of the victim results;

    (2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the victim results;

    (3) for not more than 10 years, if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense;

    (4) as provided for the applicable conduct under chapter 109A if the offense would constitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and

    (5) for not more than 5 years, in any other case,or both fined and imprisoned.

    (6) Whoever commits the crime of stalking in violation of a temporary or permanent civil or criminal injunction, restraining order, no-contact order, or other order described in section 2266 of title 18, United States Code, shall be punished by imprisonment for not less than 1 year.

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Posted by admin - at 7:52 pm

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