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Cyberstalking: Misdemeanor Violation

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Each of the three states represented have different interpretations of how it defines and regulates cyberstalking. Of the three, Florida is a progressive leader in how it reacts to and manages cyber related crimes – particularly cyber-crimes that harass, bully or target minors. As technology rapidly has evolved, laws must remain commensurate, affectively governing and maintaining order for the internet's legitimate consumers. The Sunshine State has a growing and diverse population with an international economy – often Florida is the center of high profile events – favorable and sometimes unfavorable. Because, the internet is such an integrated part of people's lives, legislatures must adequately craft laws in order to protect its citizens …show more content…
A misdemeanor violation is based upon the willful, malicious and repeated harassment through electronic communications. If the government can prove a violator made threats during the course of the aforementioned overt acts, the provision rises to the level of a felony offense. In addition, the sub-sections of Florida's cyber-harrasment laws contain enhanced penalties for repeat violators or those who disregard restraining orders related to harassment statutes. There are also penalty enhancements for violators who prey on victims 16 years of age and under - any person who who “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a child under 16 years of age commits the offense of aggravated stalking, a felony of the third degree” FL Stat 784.048 (5) …show more content…
14:40.3(2016)]

Louisiana has the distinction in its statute to criminalize false statements to a victim or victim's family member concerning “death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person” who is receiving the electronic communication [LA Stat § R.S. 14:40.3(2016)]. This, perhaps, arms the prosecution when related to threats or fraud activity. Where the Louisiana statute falls short is in terms of sentencing. Louisiana cyber-stalking is a misdemeanor for first and second offenses. A third offense is a felony, which makes it a relatively weak state law.

Like Florida and Louisiana, Alaska also offers cyber-crime protections. Child pornography is described as a felony crime. The unauthorized access of a computer is also a felony, similar to the CFAA. Alaska has added a sub-section to existing harassment making cyber-harrasment as second degree misdemeanor statute. The law, AS 11.61.120, makes it illegal for a person who “repeatedly sends or publishes an electronic communication that insults, taunts, challenges, or intimidates a person under 18 years of age in a manner that places the person in reasonable fear of physical injury” AS §11.61.120 (a)7 (2015-2016). Alaska's second degree harassment statute is class B misdemeanor – a term of imprisonment no more than 90 days.

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