Boulder Cyberstalking Defense Attorney

Cyberstalking is a serious charge in Colorado. It prohibits repeated threats or other conduct using digital media or the internet. This felony offense can lead to significant prison time, fines, and even a restraining order against a person charged with the offense. When you or someone you care about is charged with cyberstalking, you must protect your constitutional rights.

Individuals accused of cyberstalking have the right to defend themselves, no matter the circumstances. You are presumed innocent until your guilt is proven beyond a reasonable doubt. Many prosecutors may charge cyberstalking when they do not have sufficient evidence, or they are trying to force you to plea to something else. Our criminal defense attorneys have seen these tactics many times and know how to protect your rights.

We know what penalties you face and the serious impact they can have on your life. We will take your case seriously and employ our decades of experience for you. As former prosecutors, we know what to expect from criminal charges, such as cyberstalking and the right ways to defend your unique case. Let us help you protect yourself against these charges. Call us today at (303) 447-1400 or contact us online.

There are no specific cyberstalking laws in Colorado, instead, it falls under the general stalking category within Colorado law. Cyberstalking occurs when a person uses an online program, app, the internet, or other digital media to perpetrate the offense of stalking. To understand cyberstalking, it is important to understand Colorado’s definition of stalking under Colorado Revised Statutes section 18-3-602.

The crime of stalking occurs in two primary circumstances. The first is when someone makes a credible threat against another person and repeatedly does any of the following:

• Approaches
• Contacts
• Communicates with
• Places under surveillance
• Follows that person or the person’s immediate intimate partner or family member

The other circumstance is when a person approaches, follows, contacts places under surveillance, or communicates with the person’s intimate partner or immediate family member and:

• It was in such a manner that could cause a reasonable person to suffer serious emotional distress, and
• The person actually does suffer serious emotional distress

For the offense of cyberstalking to be appropriate, the defendant must have committed these acts on multiple occasions. It is not enough to commit any of the above-described acts one time. While a single instance of that conduct may, potentially, be sufficient for other charges, the charge of cyberstalking requires repeated conduct.

This is a common area where prosecutors make mistakes or alleged victims lie. In many cases, a lack of repeated conduct means that a cyberstalking charge cannot continue and the case could be dismissed. It may also result in acquittal if the case goes to trial. There are many nuances to this charge and what constitutes repeated conduct. Our experienced Colorado criminal defense lawyers can explain these nuances and how they may apply to your particular case.

No definition of serious emotional distress is given in the cyberstalking statute. In fact, a showing of serious emotional distress does not even require that the alleged victim prove they received counseling or another form of professional treatment. This means that evidence of this emotional distress will be largely left to a jury to consider if the case goes to trial.  However, juries can consider the repeated conduct in determining whether such acts would cause a reasonable person to suffer this serious form of distress, not just each individual act on its own.

A qualified defense attorney may challenge this element to show that the conduct would not cause serious emotional distress in a reasonable person, or that the other person did not actually suffer that kind of distress.

Cyberstalking may include nearly any type of communication that is used to harass, make threats, or place some other person under surveillance. This may include simple communications or much more invasive actions like identity fraud and hacking. Cyberstalking often happens between those who are dating or romantically involved in some way, but it can happen in numerous other contexts as well.

Common examples of cyberstalking in Boulder, CO may include, but are not limited to:

• Hacking or threatening to hack a person’s phone
• Harassing a person online such as through social media
• Making direct threats to harm a person, their children, their family, or even their pets through online messages
• Obtaining private or personal photos or embarrassing information
• Threatening to release private or embarrassing information
• Placing a GPS tracking device of any kind on a person’s vehicle or their person
• Repeatedly texting, emailing, or otherwise communicating with a person
• Text messages that contain threats or comments like “I’m watching you.”
• Sending threatening or inappropriate pictures through text, Snapchat, and much more
• Posting inaccurate, private, or threatening information on internet forums or websites
• Filming or recording a person without their consent on a repeated basis

These are just a few examples of what may constitute cyberstalking under Colorado law. Any other repeated acts that meet the statutory definition of stalking may also mean you could face charges.

Remember, just because you are charged with cyberstalking does not mean you have actually committed a cyberstalking crime under the law. Many cases are charged inaccurately or because they are based on faulty information. Even if the conduct does meet the definition, you are still entitled to a full and comprehensive defense of your rights. Never assume you are guilty just because you are charged with a cyberstalking offense.

Colorado does not limit what type of electronic devices can be used to commit the offense of cyberstalking. Any type of credible threat or conduct used to cause serious emotional distress through digital means may meet the definition of this serious offense. In fact, Colorado’s restraining order laws even include no contact through digital or electronic means of communication to address these situations.

While this list is by no means all-inclusive, common electronic mediums used in cyberstalking cases include:

• Posts in online forums
• Text messages
• Snapchat
• Tinder
• Tumblr
• Kik
• WeChat
• Reddit
• WhatsApp
• Facebook
• LinkedIn
• Email
• Skype
• Microsoft Teams
• YouTube
• Twitter
• TikTok
• Instant messaging services or direct message services
• Instagram
• Tumblr
• Cell phones
• Landlines
• Pagers
• Any other electronic or digital equipment or app

This is a very broad category, and it is meant to be. Colorado law forbids any form of stalking using a digital medium. Prosecutors take these cases very seriously, and so should you. Let a dedicated criminal defense attorney in Colorado put their knowledge to work in your case.

Online harassment is a separate criminal offense under Colorado law. There are, however, many similarities between the two, and conduct may be appropriately categorized under both offenses.

Colorado Revised Statutes section 18-9-111, also called Kiana Arellano’s Law, occurs when a person initiates some online communication in order to:

• Threaten bodily injury against another
• Threaten property damage to another’s property
• Harass another person
• Make obscene suggestions or comments to the other person

Examples of online harassment may include acts such as:

• Cyberbullying
• Cyber Extortion
• Revenge porn
• Cyber Threats

These are just a few examples, and show many of the similarities between online harassment and cyberstalking.

Online harassment does not require many of the elements required by the cyberstalking statute. Most notably, a single act may constitute online harassment, while it takes repeated acts to constitute cyberstalking. This can be a critical distinction and may make the difference between whether you face a misdemeanor or felony charge.

Online harassment is a misdemeanor offense. The level of that misdemeanor will depend on the nature of the allegations, but classifications and penalties are typically as follows:

• Class 2 Misdemeanor: Penalties may include up to 120 days in jail and a fine of up to $750
• Class 1 Misdemeanor: Penalties may include up to 364 days in jail and a fine of up to $1,000

Cyberstalking is a felony offense and its charges are much more serious. These penalties are outlined in more detail below.  It is important to understand that these two offenses are not the same and that it can make a major difference when you face cyberstalking charges in Colorado.

The penalties for a cyberstalking conviction can be very serious. All forms of cyberstalking are felony offenses under Colorado law. A felony is a type of offense that is potentially punishable by one year or more in prison.

A felony offense is serious for several reasons, including:

• It is harder to gain and maintain employment with a felony on a criminal record
• Felonies may make you ineligible for certain employment or special licensure
• Felonies carry more significant imprisonment and financial sanctions
• You may lose constitutional rights to own a firearm, vote, and serve on a jury
• You may have difficulty getting scholarships or being accepted into schools
• Finding housing or getting public assistance may be difficult
• You may lose the right to run for public office

The specific penalties you may face if convicted of cyberstalking will depend on several factors. The following are the penalties you could face if you are convicted of a cyberstalking offense.

If you are convicted of a first offense of cyberstalking, this is considered an extraordinary risk Class 5 felony under Colorado law. Penalties for a first offense include:

• Between one and four years in state prison
• Two years of mandatory parole
• Fines from a minimum of $1,000 to a maximum of up to $100,000

If you are convicted a second or subsequent time of cyberstalking within a seven-year period, the Class 5 felony rises to a Class 4 felony in Colorado. The penalties for a second offense of cyberstalking include:

• Between two and eight years in state prison
• Three years of mandatory parole
• Fines from a minimum of $2,000 to a maximum of up to $500,000

A protective order is a court order that restrains a person from contacting, threatening, or being near another person or place. These are commonly known as restraining orders and they typically direct that a person has no contact with the protected person, their family, and other protections that forbid contact.

If a person violates a protective order by committing the offense of cyberstalking, the offense is a Class 4 felony. This is true even if this is the first offense for cyberstalking a person faces.  This person can now face penalties just as serious as those of individuals who have committed the offense multiple times.

A prosecutor is required to prove each of the elements of cyberstalking beyond a reasonable doubt before you can ever be convicted. This is a high bar, but one that prosecutors will pursue intensely to get a conviction. That is why you need competent and skilled criminal defense strategies to fight back against the prosecutor’s efforts.

Under this form of cyberstalking, the prosecutor needs to prove certain elements to convict successfully. These include proving that the defendant:

• Knowingly;
• Made a credible threat to some other person; and
• That the credible threat was in connection with repeated contact, approach, following, or surveillance of the person, family member, or loved one.

A credible threat is one that a reasonable person would believe could lead to imminent harm, such as physical or emotional harm. A threat typically means that no action necessarily ever occurred, but that the threat itself was sufficient to violate the law under these elements.

To prove that cyberstalking led to serious emotional distress, the prosecutor must prove that the defendant:

• Knowingly;
• Repeatedly approached, followed, contacted, placed under surveillance, or made communications to some other person, either directly or through a third party;
• In such a manner that would make a reasonable person suffer serious emotional distress;
• The conduct did cause that person, a member of their immediate family, or someone with whom they had a continuing relationship to suffer some serious emotional distress

As mentioned earlier, the definition of serious emotional distress is quite broad. Prosecutors may attempt to classify many reactions as serious emotional distress, even when they should not truly constitute that serious an offense.

When you face cyberstalking charges, you may feel frightened or unsure about what to do next. That is alright, and we are here to help you understand what you can do about these charges. There are common defenses to cyberstalking charges that may reduce or dismiss the charges against you. Remember, no matter what did or did not happen, you deserve a full defense of the charges against you.

Potential defenses to Colorado cyberstalking charges include:

• You never engaged in repeated conduct
• You never threatened the person or their family members
• The threat was not credible
• A reasonable person would not suffer serious emotional distress from the conduct
• The other person did not, in fact, suffer serious emotional distress
• The other person is providing false testimony or lying to the police
• The alleged victim created the communications to make themselves look like a victim
• The communications were anonymous but did not come from you, despite the alleged victim’s claims
• The threats or communications were not directed at this alleged victim

These defenses go to the nature of the charge and its elements. Another strategy could be to file a motion to suppress any unconstitutionally collected evidence. Law enforcement make mistakes in their investigations at times, and these may mean that the evidence against you is inadmissible. These defenses, and many others, are known to a skilled Colorado cyberstalking defense attorney.

Cyberstalking may also constitute a federal crime. 18 U.S.C. 875(c) prohibits any electronic communication through the internet, email, or other interstate commerce communication that contains a threat to injure or kidnap another person.

The federal law does not require repeated harassment as the Colorado law does. However, it has very serious penalties on its own, which include:

• A maximum prison sentence of up to five years
• A maximum possible fine of $250,000

Other cyberstalking activities may be considered federal internet harassment. When this occurs, a person could face up to two years in prison for a conviction. Whether you face state or felony charges, you need a qualified criminal defense attorney to handle your case.

Every second counts when it comes to defending yourself. The experienced cyberstalking attorneys at The Moorhead Law Group are ready to provide you with customized advice and a robust defense of your case. We can investigate the claims against you, build a defense unique to your case, and fight back against the prosecutors on your case.

Our attorneys understand what cyberstalking charges could mean for your life. Contact us today to get your free initial consultation. We want to help you fight back against these cyberstalking charges.