Cyberstalking, a New Crime: Evaluating the Effectiveness of Current State and Federal Laws

Abstract:     
Cyberstalking involves using the Internet, e-mail, or other means of electronic communication to repeatedly harass or threaten another individual. This article explores how the nature of cyberstalking represents a form of behavior distinct from "offline stalking." As such, the interpretation of many of the statutes dealing iwth offline stalking maybe inadequate to address the problem. The first part of the article explores the differences between offline stalking and cyberstalking. The second part examines what the criminal elements of cyberstalking should be in light of these differences. The third part considers how these differences create gaps in both state and federal stalking statutes so that it may be difficult to adequately prosecute all aspects of cyberstalking. This section also suggests ways to close these gaps. The fourth part deals with potential issues in criminalizing cyberstalking and how these issues might be resolved. Finally, the Appendix to the article sets forth all state and federal stalking laws and how they might currently deal with cyberstalking, if at all.

Number of Pages in PDF File: 74

Keywords: cyberstalking, stalk, electronic, e-mail, Internet, computer, federal, state, statute, law, crime, prosecute, criminal, threat, harass, victim

Accepted Paper Series