A Conviction for Stalking or Cyberstalking Can Result in Serious Penalties

North Carolina’s Cyberstalking Offense and Penalties

Cyberstalking involves the use of electronic communications or email to harass or threaten another person. There are three ways that this crime can be committed:

• Use of electronic communications or email to transmit words or language that threatens to inflict bodily harm on another person or her child, siblings, spouse, or dependent or the person’s property for the purpose of extorting the money or other property of value.
• Electronically mailing or otherwise communicating with another person repeatedly for the purpose of threatening, abusing, annoying, terrifying, or abusing the person, whether or not there is a conversation with her.
• Electronically mailing or otherwise communicating with another person, her family, or a member of her household and knowingly making false statements regarding death, injury, illness, disfigurement, indecent conduct, or criminal conduct. There must also be an intent to threaten, abuse, annoy, terrify, or abuse her.

Electronic communications can include those on Facebook, Twitter, and any other form of social media. There is no requirement that the threats or other communications be believed by the victim or that a reasonable person would believe them to be true.

Cyberstalking is a Class 2 misdemeanor. It can be punished by up to 60 days in jail and a fine of up to $1,000.

What constitutes stalking or cyberstalking will depend on the particular facts and circumstances surrounding a person’s arrest. If you have been charged with one of these crimes, you may have defenses—even if you are guilty—that can result in the charges being dismissed or reduced to a less serious offense. Call our Charlotte office to schedule your free consultation with our experienced criminal defense lawyers to learn how we can assist you.