Santa Clarita deputies have to respond to a number of calls in their day-to-day lives on the job. Some calls are dangerous, some are routine, and some are downright uncommon.
It’s well-known that stalking someone, whether in-person or by using the internet, is illegal. The legal term for the latter is cyber stalking; and people have been arrested for allegedly perpetrating this act for quite some time. In an effort to get around this law, some folks will post disparaging comments or information online in an attempt to get other people to harass their target. After all, to be arrested for cyber stalking you have to communicate directly with your target, right?
Yes, and no.
California Penal Code 653.2 makes it illegal in California to post certain harmful information about someone on the internet. Known to some as “indirect electronic harassment,” it essentially entails using an electronic device (computer, cell phone, etc.) to communicate information about an individual with the purpose of inciting someone else to harass them.
For example, suppose a man is dumped by his girlfriend and he wants to get back at her. Wary of the law against stalking and cyber stalking, he doesn’t want to directly contact her. Instead, he goes to an online message board where he posts information (whether true or not) about how badly she treated him, how terrible of a person she is, what she looks like, and where she likes to hang out. He posts on the board that he hopes that if anyone sees her, they let her know just how terrible she is. Under these circumstances, the man could be guilty of violating PC 653.2.
An example that would not necessarily lead to charges would be one in which an individual posts personal information and pictures about someone online without the intent of instigating harassment by a third party, even if a third party does try to harass them.
PC 653.2 is a misdemeanor, and the penalties include summary probation, up to 1-year in county jail and/or a fine of up to $1,000.