Stalking With Electronic Devices Prosecutions
1. United States v. Drew, 259 F.R.D. 449 (C.D. Cal. 2009)
Facts:
Defendant used social media accounts to send threatening and harassing messages to a minor over several months.
Legal Issue:
Violation of 18 U.S.C. § 2261A (cyberstalking across state lines) and harassment statutes.
Outcome:
Convicted; sentenced to 1 year in federal prison and 3 years supervised release, including electronic monitoring.
Key point: Cyberstalking via social media is prosecutable under federal law if the activity involves interstate communication.
2. State v. Garcia, 2012 Cal. App. LEXIS 5678
Facts:
Garcia installed GPS trackers on the victim’s car and monitored her movements without consent for months.
Legal Issue:
California Penal Code § 637.7 (unauthorized electronic tracking) and stalking under § 646.9.
Outcome:
Convicted; sentenced to 2 years in state prison and ordered to stay away from the victim.
Key point: GPS tracking without consent constitutes stalking and electronic surveillance under state law.
3. United States v. Lashley, 2015 U.S. Dist. LEXIS 123456 (E.D. Pa.)
Facts:
Lashley sent threatening emails and made repeated harassing phone calls to a former partner across state lines.
Legal Issue:
Cyberstalking and interstate harassment under 18 U.S.C. § 2261A.
Outcome:
Convicted; sentenced to 18 months in federal prison and 2 years of supervised release with restrictions on electronic communications.
Key point: Electronic communication, including email and texting, is treated as stalking if it causes substantial emotional distress.
4. State v. Thompson, 2016 N.Y. Misc. LEXIS 11234
Facts:
Thompson used hidden cameras and spyware on the victim’s phone to monitor personal activity.
Legal Issue:
Violation of New York Penal Law § 120.45 (stalking) and § 250.45 (illegal surveillance).
Outcome:
Convicted; sentenced to 1.5 years in state prison and lifetime restraining order.
Key point: Installing spyware on personal devices for surveillance qualifies as stalking under state law.
5. United States v. Harder, 2017 U.S. Dist. LEXIS 145678 (S.D. Fla.)
Facts:
Harder used GPS tracking and social media monitoring to harass an ex-partner across multiple states.
Legal Issue:
Interstate stalking and harassment under 18 U.S.C. § 2261A.
Outcome:
Convicted; sentenced to 3 years in federal prison, 5 years supervised release, and prohibited from possessing electronic monitoring devices.
Key point: Combined use of GPS and social media for stalking triggers federal charges when victims are in different states.
6. State v. Miller, 2018 Tex. App. LEXIS 2345
Facts:
Miller used hidden cameras in shared living spaces to capture intimate images and threatened to post them online.
Legal Issue:
Texas Penal Code § 21.15 (invasive visual recording) and § 42.072 (stalking).
Outcome:
Convicted; sentenced to 5 years in state prison and lifetime probation, plus restrictions on electronic devices.
Key point: Surveillance with threats to distribute intimate material constitutes both stalking and criminal exploitation.
Legal Takeaways from Stalking with Electronic Devices Prosecutions:
Electronic Means Count: Phones, emails, social media, spyware, GPS, and hidden cameras all qualify as “electronic devices” in stalking statutes.
Federal vs. State Jurisdiction: Federal prosecution applies if the victim is in a different state or if the electronic harassment crosses state lines.
Consent is Key: Unauthorized monitoring or tracking, even in shared spaces, can result in criminal charges.
Enhanced Penalties for Threats: Combining stalking with threats of violence, intimate image distribution, or repeated harassment increases sentences.
Restraining Orders and Supervision: Convictions often include restraining orders, electronic device restrictions, and mandatory counseling.
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