The criminal act of stalking or menacing by stalking, under Ohio law, is described as “knowingly causing another person fear of physical harm or mental distress.”  Although this act doesn’t require physical contact with a person for it to be considered illegal, it is still considered a punishable crime for individuals convicted of stalking. A charge of menacing by stalking can be broken down by the type of physical actions someone can take to cause fear and distress to another. Typically, stalking charges involve one individual who may physically follow another for a period of time or commit other menacing actions as defined in Ohio’s criminal law statutes, including cyber-stalking.

The frequency in which the crime is alleged is growing as we become more dependent on the technologies used to commit the offense.  The internet provides a feeling of remaining anonymous which can cause someone to say something online which they may never say in person.

A criminal charge for cyber stalking can involve communications over the internet, through text messages or any other electronic communications for the following:

  • Cyber bullying
  • Masquerading as the victim online
  • Anonymously posting private information about another person
  • Texting provocatively – “sexting”
  • Online sexual harassment

In many cases, proving the real identity of the author of the messages is difficult. Law enforcement officers will question the suspect in hopes of getting a confession. If you are being questioned, don’t answer, call an Ohio Criminal Defense Attorney before making any statements.

Proving who sent the information is difficult because a person willing to engage in this behavior usually has no problem framing another individual.  Truly, even with a basic understanding of how technology works can make it really easy to frame another person to hide the identity of the actual person who committed the crime.

We are seeing more cases involving things like communications of a broken relationship. What may appear as rude or annoying messages are now considered criminal behavior and an investigation begins.  Or, former business associates will disclose confidential or embarrassing information of the other person or the company.  These types of cases hinge on whether the communication is being used legitimately or being sent as harassment

The Bottom Line:  There are cases where the individual has a right to free speech under the Constitution of the United States. A first-time offense is considered a misdemeanor, while subsequent offenses can be charged as felonies, especially if it involves violating a civil protection order, or civil anti-stalking order.  If you have been accused of cyber stalking, there exists several important defenses and you need to contact an experienced Criminal Defense Attorney in Ohio immediately.  Put my number in your mobile, I can be reached at any time:  513-260-2099