In the digital age, communication happens instantly—through texts, emails, and social media. But when online interactions cross certain lines, they can lead to serious criminal charges. In California, cyberstalking is treated as a form of harassment or intimidation that can result in jail time, fines, and restraining orders. Unfortunately, misunderstandings and false accusations are common, especially when relationships or emotions are involved.
At Simmons Wagner, LLP, we defend clients accused of cyberstalking by examining the evidence, protecting their rights, and ensuring that the story behind the messages is fully understood.
What Qualifies as Cyberstalking Under California Law
Under California Penal Code Section 646.9, cyberstalking occurs when someone uses electronic communication—such as emails, text messages, or social media—to harass, threaten, or intimidate another person, and makes them fear for their safety or the safety of others.
To convict someone of cyberstalking, prosecutors must prove:
- The defendant willfully and repeatedly contacted or harassed another person electronically.
- The communication was intended to cause fear or distress.
- The alleged victim reasonably felt threatened or harassed.
Cyberstalking can be charged as a misdemeanor or felony, depending on the severity of the conduct and whether a restraining order or prior offenses exist.
Common Scenarios That Lead to Cyberstalking Allegations
Not every unwanted message or online interaction amounts to a crime. Still, accusations often arise in emotionally charged situations, such as:
- Breakups or relationship disputes where one person continues to reach out
- Arguments that spill over into social media posts or public comments
- Online business or workplace conflicts
- Misinterpreted humor, sarcasm, or venting messages
- Attempts to gather information during custody or divorce battles
In many cases, the accused person never intended harm—their messages were misread, taken out of context, or exaggerated by the recipient.
How Prosecutors Build a Cyberstalking Case
Digital evidence is central to these cases. Prosecutors rely on phone records, social media logs, emails, and text messages to establish patterns of communication. They may also subpoena IP addresses or metadata to link online activity to a specific device.
However, this evidence can be misleading. Messages may be fabricated, altered, or taken out of sequence. Context—tone, timing, and prior history—matters greatly. At Simmons Wagner, LLP, we analyze all digital materials carefully, looking for gaps, inconsistencies, and signs of manipulation.
Our attorneys also examine how investigators obtained electronic evidence. If law enforcement violated search and seizure laws or accessed private data without proper warrants, key evidence may be excluded.
Defense Strategies Against Cyberstalking Charges
Every case is unique, but several defense approaches can be effective in challenging cyberstalking allegations:
- Lack of intent: Showing the communication was not meant to threaten or harass.
- Freedom of speech: Demonstrating the messages were protected expression rather than criminal conduct.
- Mistaken identity: Proving that someone else used your device or account.
- Insufficient evidence: Highlighting gaps or inconsistencies in the prosecution’s digital proof.
- Mutual communication: Showing that both parties participated willingly in the exchange.
At Simmons Wagner, LLP, we tailor each defense to the client’s circumstances, using expert testimony and digital forensics when necessary.
The Consequences of a Conviction
A cyberstalking conviction can lead to jail or prison time, probation, fines, mandatory counseling, and restraining orders. It can also damage your career, reputation, and personal relationships—especially in professions that require background checks. For those accused of felony-level cyberstalking, the penalties are even harsher and may include up to five years in state prison.
Protecting Your Digital Reputation and Your Rights
Because cyberstalking charges rely heavily on digital communication, your online presence can either help or hurt your defense. Avoid deleting or editing posts, responding to the accuser, or discussing the case online—these actions can be misinterpreted. Instead, consult an attorney immediately to preserve key evidence and control how your case is presented.
Simmons Wagner, LLP has extensive experience defending clients in technology-related cases across California. We understand the complexities of digital investigations and know how to protect your rights from the first sign of an accusation.
If you’ve been accused of cyberstalking or digital harassment, contact Simmons Wagner, LLP today at (949) 439-5857 for a confidential consultation. We’ll review the evidence, explain your options, and fight to clear your name.