Cyber Harassment Prosecutions In Usa
What Is Cyber Harassment?
Cyber harassment generally refers to using electronic communication tools—such as social media, email, texts, websites, or apps—to harass, threaten, intimidate, or cause emotional distress to a person. It can include:
Sending threatening or obscene messages
Posting harmful or defamatory content online
Repeated unwanted contact or stalking via electronic means
Sharing private images without consent (“revenge porn”)
Identity theft or impersonation with harmful intent
Legal Framework
Cyber harassment is prosecuted under a combination of state laws and federal statutes, including:
18 U.S.C. § 875(c) — Interstate communications with threats
18 U.S.C. § 2261A — Cyberstalking statute under the Violence Against Women Act (VAWA)
State harassment and stalking laws — Many states have enacted statutes specifically criminalizing electronic harassment or cyberstalking
18 U.S.C. § 1030 — Computer Fraud and Abuse Act (used for hacking-related harassment)
Civil remedies — Injunctions, restraining orders, and damages for emotional distress
📚 Notable Cases in Cyber Harassment Prosecutions
1. United States v. Drew, 259 F.R.D. 449 (C.D. Cal. 2009)
Facts: Lori Drew created a fake MySpace profile to harass a teenage girl, Megan Meier, who tragically committed suicide after receiving cruel messages.
Charges: Violations of the Computer Fraud and Abuse Act (CFAA).
Outcome: The case was controversial; Drew was initially convicted but the conviction was later vacated on appeal.
Significance: Highlighted challenges of applying federal hacking laws to social media conduct and sparked legislative reforms around cyberbullying and harassment.
2. United States v. Sayer, 748 F.3d 425 (1st Cir. 2014)
Facts: Sayer engaged in cyberstalking and harassment of his ex-partner through emails, posts, and threats made online.
Charges: Violations of 18 U.S.C. § 2261A (cyberstalking statute).
Outcome: Convicted and sentenced to federal prison.
Significance: Affirmed that repeated online harassment crossing state lines can lead to federal criminal prosecution under cyberstalking laws.
3. State v. Wilkens, 289 P.3d 206 (Wash. Ct. App. 2012)
Facts: Wilkens sent repeated threatening and harassing messages via text and email to a former romantic partner.
Charges: Violation of Washington state cyber harassment statute.
Outcome: Convicted and sentenced to probation with conditions including no contact.
Significance: Demonstrated how states enforce cyber harassment laws even when no physical violence occurs.
4. United States v. Cassidy, 814 F.3d 364 (7th Cir. 2016)
Facts: Cassidy sent hundreds of threatening emails and posted harmful content online aimed at an ex-girlfriend.
Charges: Interstate communications with threats under 18 U.S.C. § 875(c).
Outcome: Convicted; sentenced to imprisonment.
Significance: Showed federal jurisdiction over electronic threats sent across state lines.
5. People v. Bowman, 61 Misc. 3d 1218(A) (N.Y. Sup. Ct. 2018)
Facts: Bowman repeatedly posted private photos of an ex without consent, accompanied by derogatory comments.
Charges: Criminal dissemination of intimate images and harassment under New York law.
Outcome: Convicted and sentenced.
Significance: One of the early successful prosecutions for what is commonly called “revenge porn.”
6. United States v. Petrovic, 701 F.3d 849 (6th Cir. 2012)
Facts: Petrovic sent anonymous threatening emails and messages over the internet to a former girlfriend.
Charges: Cyberstalking and interstate threats.
Outcome: Convicted; sentenced to federal prison.
Significance: Reinforced applicability of cyber harassment laws even with anonymous online conduct.
🧾 Summary Table of Cases
| Case | Jurisdiction | Charges | Outcome | Significance |
|---|---|---|---|---|
| United States v. Drew | Federal (C.D. Cal.) | CFAA violations (cyberbullying) | Conviction vacated | Legal limits on hacking statutes for social conduct |
| United States v. Sayer | Federal (1st Cir.) | Cyberstalking (18 U.S.C. § 2261A) | Convicted, prison term | Federal cyberstalking law enforcement |
| State v. Wilkens | Washington State | State cyber harassment statute | Convicted, probation | State enforcement for non-violent harassment |
| United States v. Cassidy | Federal (7th Cir.) | Interstate threats (18 U.S.C. § 875(c)) | Convicted, imprisonment | Federal jurisdiction for interstate threats |
| People v. Bowman | New York State | Criminal dissemination of intimate images | Convicted, sentenced | Prosecution of revenge porn |
| United States v. Petrovic | Federal (6th Cir.) | Cyberstalking and interstate threats | Convicted, prison term | Anonymous threats covered by law |
🔑 Key Takeaways
Cyber harassment often involves repeated electronic communications that cause emotional distress or fear.
Federal laws require that the harassment cross state lines to invoke federal jurisdiction (e.g., 18 U.S.C. § 2261A and § 875(c)).
Many states have their own statutes criminalizing cyber harassment, stalking, and revenge porn.
Prosecutors have successfully used both harassment statutes and threat statutes depending on the case facts.
Cyber harassment can involve both direct communication and public online postings.
Courts continue to adapt existing laws to cover new technology and social media platforms.
RELATED Blog
0 comments