Cyberstalking

The crime of cyberstalking, which is referred to in Utah code 76-9-201 as electronic communication harassment, occurs when a person does any of the following: 

  • publicly posts personal identifying information about a person with the intent to abuse or threaten that person
  • pretends to be another person and sends a message to defraud or cause physical, emotional or economic damage to a recipient
  • intends to abuse or threaten someone by making repeated contact—whether a conversation happened or not, including if the person requested them to stop—or causes the person’s device to receive notifications of attempted contact 
  • makes contact and insults, taunts or challenges the recipient to provoke a violent or disorderly response
  • makes contact and threatens to inflict physical harm or damage to property 
  • disrupts or jams a communication system through excessive message traffic or other means 

Crimes of electronic communication harassment are subject to prosecution in either the jurisdiction where the communication originated or was received. The above examples are summarized from Utah code 76-9-201. For full details, see the website. 

Attorneys for Cyberstalking in Utah

The most important benefit of having an experienced attorney is that the attorney understands the best ways to fight the case aggressively. If you were charged with stalking, harassment, or electronic communication harassment in Salt Lake City, Utah, call to talk with an experienced attorney at Brown, Bradshaw & Moffat, LLP, about the best way to deal with criminal charges related to your case

Call (801) 532-5297 today for a free initial consultation to find out more about your legal options.

Additional Information about Cyberstalking Crimes in Utah

  • Electronic Communication and Cyberstalking Penalties
  • Defenses to Cyber Crimes in Utah
  • Injunctions for Cyberstalking in Utah

Electronic Communication and Cyberstalking Penalties

Harassment via electronic communication committed against an adult is a class B misdemeanor. A second or subsequent offense is considered a class A misdemeanor if all prior violations were committed against adults.

If any prior violation was committed against a minor, the charge will be a third-degree felony.

Harassment via electronic communication committed against a minor is a class A misdemeanor, and a second or subsequent offense is a third-degree felony, regardless whether any prior violation of this section was committed against a minor or an adult.

Defenses to Cyber Crimes in Utah

Most harassment cases hinge on the accused person's intentions. Often, the intention is not to harass but rather to carry out some legitimate purpose such as collecting a debt or exposing the misdeeds of another.

The law addresses this issue under Utah code 76-9-201, where it says that the person charged with electronic communication harassment must act with an intention to do one or more of the following: threaten, harass, frighten, intimidate, annoy, offend, abuse, alarm or disrupt the electronic communications of another. 

Injunctions for Cyberstalking in Utah

Victims of stalking can file a petition for a stalking injunction at the district courts throughout Utah. A stalking injunction (often called a restraining or protective order) can be put in place against anyone regardless of the relationship between the parties. 

Find a Lawyer for Cyberstalking in Salt Lake City

If you have been accused of cyberstalking, cyberbullying, or harassing in Salt Lake City, Utah, or the surrounding areas, you may face both criminal and civil charges. The lawyers at Brown, Bradshaw & Moffat know the ins and outs of the law concerning prohibited electronic communication and will fight to protect your rights.

Many cybercrime charges are dismissed because the prosecution fails to prove that a defendant had the intent to harm or harass the victim.

Call us at (801) 532-5297 today for a free initial, confidential consultation.

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