There is certainly no denying that being online in some way is a significant part of our daily lives. Whether it is having social media pages, TikTok accounts, or just using text messaging and email, there is almost no way to avoid having some sort of presence online. Naturally, being reachable online means that there is always the chance that someone, a former co-worker, a crabby neighbor, or a disgruntled ex can attempt to reach out online for less than acceptable reasons. Compounded by the fact that these people can often send anonymous messages or create a dummy account that makes them difficult to identify, online abuse can escalate because the perpetrator believes they cannot be associated with the criminal activity. What is considered cyberstalking in Wisconsin? What is cyberbullying? If you have been targeted by someone online, you will want to know more about how Wisconsin defines and deals with cyberstalking and cyberbullying. In a nutshell, people who engage in cyberstalking and cyberbullying in Wisconsin can be found guilty of criminal charges, including harassment and stalking. Read on to learn more about cyberstalking and cyberbullying in Wisconsin and what can be done to fight it.
What is Cyberstalking in Wisconin?
Generally speaking, cyberstalking is defined as “repeatedly using electronic communications to frighten or harass someone.” An example of this would be threatening emails or text messages. It could also be sending DM’s or commenting under a social media post. The bottom line is that the perpetrator is repeatedly communicating via electronic means to scare someone or keep them from doing something they wish to do.
Cyberstalking can be text message stalking, email stalking, and any other electronic communication method. Just because you did not say it directly to the person or over a telephone call will not protect you from potentially being charged with a crime. For information on how Illinois defines cyberbullying read our article, Illinois Cyberstalking Explained
What is Cyberbullying in Wisconsin?
Cyberbullying has become an increasingly challenging problem in recent years, especially with the advent of smartphones and teenagers having increased access to the internet. Cyberbullying can be difficult to deal with, especially among teens, because it is pervasive, persistent, and not always evident to parents and school administrators. While adults can also be the victims of cyberbullying, it is more prevalent with teenagers and even children to some extent. Some common examples of cyberbullying among teens are taking an unflattering picture of a schoolmate and then posting it for other students to comment on, making up rumors that are damaging and untrue, threatening to harm the other student, and worst of all, telling the bullied student to kill themselves.
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Does Cyberbullying And Cyberstalking Have Criminal Penalties In Wisconsin?
When a party engages in cyberbullying or cyberstalking in Wisconsin, they are committing a crime. Wisconsin may elect to prosecute cyberstalking and cyberbullying under the state criminal statutes, specifically the unlawful use of a computerized computer system for harassment or stalking. Sometimes, these charges can be brought in civil court for a monetary fine, but prosecutors often choose to bring a criminal case against the perpetrator.
A party who uses a computer system to send unlawful messages that are threatening, annoying, obscene, or otherwise offensive can be subject to criminal penalties that escalate depending on the content and numerosity of the messages. If the perpetrator meant to threaten or intimidate the victim, the act would go from a fine to a Class B misdemeanor, which is not only a $1000 fine but up to 90 days in jail.
What are the Penalties for Cyberstalking or Cyberbullying in Wisconsin?
If the cyberstalking or cyberbullying behavior rises to the level where the victim is being criminally harassed, the penalties become harsher. For example:
If a protective/no-contact order is in place and the perpetrator violates it, a prosecutor can decline to treat the crime as a monetary penalty and prosecute it as a Class A misdemeanor. In other words, if the victim is placed in fear of great bodily harm or death. The penalties and fines for a conviction are up to $10,000 and up to 9 months in jail.
If the perpetrator has previously been convicted of harassment of the same person and they were found guilty within seven years of the previous conviction, the crime will be treated as a Class I felony. The penalties for a Class I felony conviction are a fine of up to $10,000 and up to three years in prison. If the perpetrator uses electronic means to find and exploit the victim’s personal information, the crime will be prosecuted as a Class H felony, which means a $10,000 fine and up to six years in prison.
What Are The Cyberstalking And Cyberbullying-potential Defenses?
When someone is accused of a crime, they are allowed to bring defenses on their behalf. Some of the more common defenses to allegations of cyberstalking and cyberbullying are:
The reaction of the alleged victim-in other words, the victim’s fear was not proportionate to what was said. If the victim, for lack of a better phrase, is just overreacting to the situation and no other reasonable person would consider themselves in danger, then the victim probably does not have a good case.
Free Speech-there is always the possibility that the perpetrator of the bullying or stalking may bring a free speech defense. The legal stance on free speech is that it can be difficult to define, but the court will look at what was said, including the context in which it was said, when making its determination. Naturally, clear and specific threats to hurt someone are not protected speech, but there is always the possibility that they will be brought up.
The best approach here is to avoid saying anything online that could be taken as a threat or intimidation. It can be difficult not to jump on your phone and let loose, but there is always the chance that someone may claim that you are stalking or bullying them. On the other hand, if someone has been making regular attempts to contact you or threaten you online, you have a right to protect yourself. If you are dealing with either side of a potential cyberbullying or cyberstalking matter and are wondering what your legal options are, feel free to call O’Flaherty Law to talk to a Wisconsin criminal defense attorney. We would be happy to help you.
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