Social Media Harassment Can Be Charged as Cyberstalking in Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how what you post on social media sites such as Facebook can get you arrested for Cyberstalking in Florida.

Issue:

In a moment of bad judgement individuals are sometimes tempted to write posts to the social media accounts of those they may know to purposefully harass the individual.  Harassment is never acceptable, but many would not consider posting to social media site a criminal offense.  The reality is that in Florida, it can be considered a crime and in some circumstances charged as Cyberstalking.

In an extreme example, recently a 24-year-old Largo, Florida man was charged with Cyberstalking in federal court and could face up to 10 years in federal prison if convicted.  The man hacked into the email accounts of 19 women, and also posted unauthorized pictures and videos of them to their Facebook pages and other Internet sites.



Why This Matters To You:

Social media sites such as Facebook, Twitter, and LinkedIn (among others) are becoming more and more popular.  Many people don’t understand that what they post to a social media site could be construed as a crime by law enforcement.  Social media sites are becoming the defacto method to communicate, and the ease and speed by which one can immediately and without reflection post their thoughts creates the opportunity to misuse the sites to harass or cause emotional distress to another.  

Unfortunately, many social media users don’t think of or realize the consequences of posting what could be considered harassing information.  Depending on your social media security preferences, your posts may be seen by Friends, Friends of Friends, or anyone on the Internet - including law enforcement.

In Florida, anything posted on a social media site may be used as evidence of a crime and used against you in a court of law.  The State Attorney’s Office even has the ability to subpoena records from social media sites that may show user activity and content.

What To Do Next:

You have a very narrow window of time between when you are arrested and when the State Attorney's office makes a decision to file a criminal charge against you. Hiring an attorney immediately to negotiate on your behalf gives you the best chance of avoiding criminal charges.

If you have a been charged with a crime, contact a St. Petersburg First Time Offender Attorney to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.  The Morris Law Firm can help and has specific knowledge and experience in Cybercrimes and representing First Time Criminal Offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

WFLA Channel 8 and TBO.com Seek Legal Advice on Stalking / Cyberstalking from St. Petersburg Morris Law Firm

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent WFLA Channel 8 News and TBO.com piece on the University of Florida Gators' Chris Rainey being charged with sending a threatening text and the potential legal ramifications of Stalking / Cyberstalking.

Issue:

WFLA Channel 8 News and TBO.com recently interviewed the Morris Law Firm for our legal opinion on the University of Florida Gators' Chris Rainey being charged with sending a threatening text and the potential legal ramifications of Stalking using electronic communications or Cyberstalking.

Rainey was accused of sending a threatening text message that read, “Time to Die,” to his girlfriend Kelley Anderson.  The text message was apparently sent after Rainey visited Anderson’s apartment during an argument and she asked him to leave.  Rainey was subsequently arrested for aggravated stalking, a third degree felony punishable by up to 5 years in prison, and taken to Alachua County jail.  He was later released on his own recognizance after his accuser asked that the charges be dropped.

Why This Matters To You:

Previous to methods of electronic communication being widely available, stalking required significant preparation and effort.  Examples include a stalker following their victim to work, place of business, or school; or a perpetrator talking the time to construct a letter with threatening dialogue and send it to the victim.

Today, electronic communication mechanisms are far more prevalent and easy to access including cell phone Text Messages, Facebook, Twitter, and email with which someone can send a message within seconds without the ability to recall or retract the communication.  Now someone in a heightened state of emotions may send a simple, albeit imprudent text message that can be interpreted by the law as Stalking or worse Aggravated Stalking as it was in this case.

With the inability to read facial cues, tone of voice, and intent associated with electronic communications it is often difficult to properly gauge the credibility of the threat.  Potential victims of Stalking / Cyberstalking should carefully consider if the threat is real and credible as the accusation of Stalking carries with it significant legal and social repercussions for the accused.  The law should never be used as a referee or for revenge.  In this case, Anderson actually appeared at Rainey’s court appearance and stated, “I don't fear for my safety. I think he should be released on his own recognizance."

For the accused, there are significant legal and social consequences.  Rainey will have an arrest record for a third degree felony even though the charges may ultimately be dropped.  In this case, while the State Attorney is taking no immediate action, there still exists the possibility that Rainey will face criminal charges.  Additionally, the University of Florida Gators’ offensive coordinator Steve Addazio stated that Rainey is not currently part of the team, and his long term athletic career beyond college may be affected.  Rainey is also currently subject to a curfew.

The lesson in this case is that what may start as an ill advised text message could lead to serious legal ramifications:

As stated in Florida State Statue 748.08, “Cyberstalk means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.”  Cyberstalking is a first degree misdemeanor punishable by up to 12 months in jail and a $1000 fine.  Aggravated Cyberstalking carries even harsher penalties as it is a third degree felony punishable by up to 5 years in prison.

In many Stalking / Cyberstalking cases there are potential defenses that may be utilized to reduce the charges, or even have the charges dropped altogether:

·         Victim Recantation

·         Lack of Intent

·         Alibi

·         Mistaken Identity

·         Failure to Read Miranda Warnings

What To Do Next:

If you have been arrested for Stalking or Cyberstalking (or Domestic Violence), contact a St. Petersburg Cyberstalking Attorney to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.  The Morris Law Firm can help and has specific knowledge and experience in defending Stalking or Cyberstalking offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

WFLA Channel 8 and TBO.com Seek Legal Advice on Cyberstalking from St. Petersburg Morris Law Firm

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent WFLA Channel 8 News and TBO.com piece on Facebook Places and the potential legal ramifications of Cyberstalking.

Issue:

WFLA Channel 8 News and TBO.com recently interviewed the Morris Law Firm for our legal opinion on Facebook Places, the popular social networking website’s new feature that allows users to check-in using a mobile phone with GPS technology based on their current location and share that information with friends and connections on the site.  While the new feature has gained attention in the media, users need to understand the potential legal issues surrounding use of the feature.

NOTE:  While the WFLA Channel 8 News piece aired on 8/20/10, and the TBO.com article framed the issue as how the new Facebook Places feature can help small businesses, “New Facebook app can help boost business,” the interview with Morris Law Firm’s managing partner, Melinda Morris, focused on how the new feature could enable cyberstalking and issues that those accused of Cyberstalking should be aware of.  A summary of those issues are found below:

Why This Matters To You:

Facebook Places allows users to tag where they are geographically using a mobile phone with GPS capabilities.  For example, a user who goes out to dinner may update their status on Facebook to show that they are at Carrabba's Italian Grill.  Their friends can then see their location and perhaps meet up with them.  Additionally, unless the user opts out (as of this writing), Facebook Places will also list the user in “Here Now,” which is a list of all other Facebook users currently at that location, be they friends or not.

The Facebook Places feature, while perhaps useful and certainly entertaining, can in fact unwittingly and unknowingly set someone up to be accused of Cyberstalking, a serious crime under Florida law.

As stated in Florida State Statue 748.08, “Cyberstalk means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.”

Cyberstalking can include elements of following or stalking an individual, thus, Facebook Places can clearly open the door to potential accusations of Cyberstalking.  A person can now easily ascertain the exact location of friends on Facebook, and even those they may not be directly acquainted with depending on the users’ individual privacy settings.  Given the popularity of Facebook and its easy access from computers and now mobile phones, one can quickly become ensnarled in allegations of Cyberstalking.

While using Facebook Places may seem innocuous, Cyberstalking is a first degree misdemeanor punishable by up to 12 months in jail and a $1000 fine.  Aggravated Cyberstalking carries even harsher penalties as it is a third degree felony punishable by up to 5 years in prison.

In many Cyberstalking cases there are potential defenses that may be utilized to reduce the charges, or even have the charges dropped altogether:

·         Victim Recantation

·         Lack of Intent

·         Alibi

·         Mistaken Identity

·         Failure to Read Miranda Warnings

[As an aside, and legal word of caution, one should carefully consider their Facebook privacy settings.  Broadcasting to the world that you and your family are on vacation could make your residence an easy target for the Facebook savvy burglar.]

What To Do Next:

If you have been arrested for Cyberstalking, contact an experienced criminal defense attorney before communicating and making statements to any law enforcement agencies or the State Attorney’s Office.  Contact the Morris Law Firm at (727) 388-4736 for a Free Initial Consultation.

If you have been arrested for Cyberstalking and/or Domestic Violence in St. Petersburg or Clearwater, Pinellas County, or Tampa, Hillsborough County, or Bradenton, Manatee, Polk, Pasco, or Sarasota Counties, FL contact a St. Petersburg Cyberstalking Attorney to discuss possible defenses that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.

How a Text Message Can Land You In Jail – The Rise of Cyberstalking and Textual Harassment in Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses How a Text Message Can Land You In Jail – The Rise of Cyberstalking and Textual Harassment.

Issue:

Coast to coast, Cyberstalking cases are on the rise.  Over one million women and 370,000 men are stalked annually in the U.S.  The percentage of stalking cases that involve, “electronic mail or electronic communication,” and are thus considered cyberstalking continue to grow as more and more people use email and texting to communicate on a regular basis.

Why This Matters To You:

We all know that it is all too easy to hit the “Send” button when there is a flare up with a partner or acquaintance.  In fact, it is far easier to have a conflict via email or texting than it is when communicating in person as the barriers to lashing out are reduced and communication becomes less inhibited when it is done from behind a keyboard or smart phone.

Oftentimes, electronic communications can flare up as the visual cues, facial expressions, tone of voice, and physical gestures normally present in face-to-face communications are not available to parties exchanging words via the internet or cell phone.  Far too often one may unintentionally use words or phrases in their electronic communication that may be interpreted as harassing.  As emails and text messages are all too easily distributed to friends, coworkers, and relatives what may have started as a private conversation can become public very quickly and may find its way into the hands of law enforcement.

Given the above, it is no wonder that cyberstalking cases are on the rise.  What may have started out as a simple disagreement can escalate quickly, and oftentimes inadvertently take on the aspects of cyberstalking necessary to be charged as a crime.

In many Cyberstalking cases there are potential defenses that may be utilized to reduce the charges, or even have the charges dropped altogether:

·         Victim Recantation
·          Lack of Intent
·         Alibi
·         Mistaken Identity
·         Failure to Read Miranda Warnings

What To Do Next:

If You Are Arrested For Cyberstalking:

·        Don't speak to the police - ask to have an attorney present.
·        Don't give a written statement – again, ask to have an attorney present.
·        Contact an attorney immediately.

It is equally important to engage an attorney quickly as you have a very narrow window of time between when you are arrested and when the State Attorney’s Office makes a decision to file a criminal charge against you.  Hiring an attorney immediately to negotiate on your behalf with the State Attorney’s Office gives you the best chance of avoiding criminal charges for Cyberstalking.

If you have been arrested for Cyberstalking and/or Domestic Violence in St. Petersburg or Clearwater, Pinellas County, or Tampa, Hillsborough County, or Bradenton, Manatee County,  or Sarasota, FL contact a St. Petersburg Cyberstalking Attorney to discuss possible defenses that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney.