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Guide to Colorado Cyberstalking

guide-colorado-cyberstalking-omalley-and-sawyer-llc.jpgCybestalking in Colorado is an offense that involves repeated behavior and credible threats made online or via electronic communication. While cyberstalking is closely related to online harassment, it is a more serious crime with harsher penalties. With online interaction becoming to new norm, we all need to be cautious about what we say while teleconferencing, emailing, and texting. Causing fear in another or emotional distress can lead to stalking charges in Denver, Lakewood, and Aurora. Consult an experienced criminal lawyer today if facing allegations of cyberstalking in Colorado.

The 5 Behaviors of Stalking in Colorado

C.R.S. 18-3-602 describes the specific violations of stalking in the state of Colorado. The five specific behaviors that commonly follow a credible threat against a person include:

  • approach,
  • contact,
  • communicate,
  • place under surveillance,
  • or follow

One of these is enough, alongside a credible threat, to result in charges. Additionally, repeatedly communicating or contacting someone by text, direct message, or email is a form of cyberstalking if the recipient experiences fear or serious emotional distress. These are common emotions / reactions to someone continually texting a person or spreading rumors about them on social media.

What's the Difference Between Online Harassment and Cyberstalking?

While these are two separate charges in Colorado, certain behaviors could be charged as both. Online harassment laws also prohibit threatening property damage or bodily injury via electronic devices. However, the two key elements that relate to a stalking charge are the presence of a credible threat AND repeated behavior. With these two offenses so close in definition but far away in terms of severity, analysis from a skilled criminal defense attorney in your unique case is essential. Online harassment is a misdemeanor offense that could lead to months in jail and fines. Cyberstalking, however, is a felony offense that could land you in prison for years with thousands of dollars in fines.

Colorado Cyberstalking Attorney

Sometimes an alleged victim of cyberstalking misinterpreted what was being said or misunderstood another's intentions. Other times there is a certain level of culpability. Nevertheless, contact our office for a free initial consultation with an experienced cyberstalking attorney. We've been successfully representing clients facing felony charges in Colorado for years and strive for your best possible outcome. Perhaps the threat was taken out of context, only one attempt to contact was made, or you're facing a false accusation. Put O'Malley and Sawyer's expertise to work for you today.

If you or someone you know is facing a stalking charge in Colorado, be smart. Contact the accomplished criminal lawyers at O'Malley and Sawyer, LLC at 303-731-0719. Together, we can protect your future. 

Photo by Andrea Piacquadio

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