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Research ArticleRegular Articles

A Review of Statutes and the Role of the Forensic Psychiatrist in Cyberstalking Involving Youth

Paul Elizondo, Dale E. McNiel and Renée Binder
Journal of the American Academy of Psychiatry and the Law Online June 2019, 47 (2) 198-207; DOI: https://doi.org/10.29158/JAAPL.003831-19
Paul Elizondo
Dr. Elizondo is Assistant Clinic Professor – Volunteer, and Dr. McNiel is Professor of Clinical Psychology, Department of Psychiatry, University of California, San Francisco, CA. Dr. Binder is Professor and Director of Psychiatry and Law Program, Associate Dean for Academic Affairs, University of California San Francisco School of Medicine, San Francisco, CA.
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Dale E. McNiel
Dr. Elizondo is Assistant Clinic Professor – Volunteer, and Dr. McNiel is Professor of Clinical Psychology, Department of Psychiatry, University of California, San Francisco, CA. Dr. Binder is Professor and Director of Psychiatry and Law Program, Associate Dean for Academic Affairs, University of California San Francisco School of Medicine, San Francisco, CA.
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Renée Binder
Dr. Elizondo is Assistant Clinic Professor – Volunteer, and Dr. McNiel is Professor of Clinical Psychology, Department of Psychiatry, University of California, San Francisco, CA. Dr. Binder is Professor and Director of Psychiatry and Law Program, Associate Dean for Academic Affairs, University of California San Francisco School of Medicine, San Francisco, CA.
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    Table 1

    Definitions of Cyberstalking, Cyberharassment, and Cyberbullying

    Cyberstalkingthe use of electronic communications to repeatedly follow, threaten, or engage in malicious behaviors directed at one or more people
    Cyberharassmentthe use of electronic communications to annoy, bother, or torment one or more people for no legitimate purpose
    Cyberbullyingthe use of electronic communications by a minor to bother, annoy, or degrade another minor, usually during school-related events, but may also occur outside of the school context
    • Reprinted, with permission, from State Cyberstalking, Cyberharassment, and Cyberbullying Laws, 2010.

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    Table 2

    Components of Criminal Cyberstalking and Cyberharassment Laws by State

    Age of OffenderAge of VictimJurisdictionIntegrated Offline and Online*Definition of ElectronicsEvaluation Treatment†Sex Offense RegistrationSexual SolicitationAllows Use of a DeviceProtective OrderFamily Member‡
    Alabama■■■
    Alaska■■■■
    Arkansas■■■■■
    Arizona■■■■
    California■■■■■■■
    Colorado■■■■■■
    Connecticut■■■■■■
    Delaware■■■■■■
    District of Columbia■■■
    Florida■■■■■■
    Georgia■■■■■
    Hawaii■■■
    Idaho■■■■
    Illinois■■■■■■■
    Indiana■■■■
    Iowa
    Kansas■■■■■
    Kentucky■■■
    Louisiana■■■■■
    Maine■■■
    Maryland■■
    Massachusetts■■■
    Michigan■■■■■■■■
    Minnesota■■■■■■■
    Mississippi■■■■■
    Missouri■■■■■
    Montana■■■■
    Nebraska■■■■
    Nevada■■■■
    New Hampshire■■■■
    New Jersey■■■■■
    New Mexico■■■■■
    New York■■■■
    North Carolina■■■■■■
    North Dakota■■■■
    Ohio■■■■■
    Oklahoma■■■■■
    Oregon■■■■■■■
    Pennsylvania■■■■■
    Rhode Island■■■■■■
    South Carolina■■■■■■
    South Dakota■■■■■
    Tennessee■■■■■■■■
    Texas■■■■■
    Utah■■■■■
    Vermont■■■■
    Virginia■■■■■
    Washington■■■■
    West Virginia■■■■■■
    Wisconsin■■■■
    Wyoming■■■■
    Federal■■
    Total81923402910324163934
    • ↵* States in which the same anti-stalking statute applies to both online and offline stalking behavior.

    • ↵† States whose anti-stalking statute allows for court-mandated psychiatric evaluation or treatment for perpetrators either pre- or post-conviction.

    • ↵‡ States whose anti-stalking statute explicitly criminalizes the transmission of threatening statements made to the victim about their family members.

    • View popup
    Table 3

    Age References in Anti-Stalking Laws by State

    StateStatuteLanguage
    AlaskaAlaska Stat. § 11.41.260A person commits the crime of stalking in the first degree if … the victim is under 16 years of age.
    ConnecticutConn. Gen. Stat. § 53a-181c[A] person is guilty of stalking in the first degree when such person commits stalking in the second degree and … the other person is under 16 years of age.
    Delaware11 Del. C. § 1312Stalking is a class F felony if a person is guilty of stalking and one or more of the following exists: (1) The person is age 21 or older and the victim is under the age of 14 [… ]; or (3) The victim is age 62 years of age or older [… ].
    FloridaFla. Stat. § 784.048A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a child under 16 years of age commits the offense of aggravated stalking, a felony of the third degree.
    IdahoIdaho Code § 18–7905A person commits the crime of stalking in the first degree if [… ] the victim is under the age of sixteen (16) years.
    Illinois720 ILCS 135/1/2Harassment through electronic communications is [… ] transmitting an electronic communication or knowingly inducing a person to transmit an electronic communication for the purpose of harassing another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of the commission of the offense.
    LouisianaLa. R.S. 14:40.2Any person 13 years of age or older who commits the crime of stalking against a child 12 years of age or younger [… ] shall be punished by imprisonment with or without hard labor for not less than one year and not more than three years and fined not less than fifteen hundred dollars and not more than five thousand dollars, or both.
    MichiganMCLS § 750.411h[… ] if the victim was less than 18 years of age at any time during the individual's course of conduct and the individual is 5 or more years older than the victim, by imprisonment for not more than 10 years or a fine of not more than $15,000.00, or both [… ].
    MinnesotaMinn. Stat. § 609.749A person who commits any [stalking] offense against a victim under the age of 18, if the actor is more than 36 months older than the victim, and the act is committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to imprisonment for not more than 10 years or to payment of a fine of not more than $20,000, or both.
    MissouriR.S.Mo. § 565.225A person commits the offense of stalking in the first degree if [… ] the other person is 17 years of age or younger and the person disturbing the other person is 21 years of age or older [… ].
    NebraskaR.R.S. Neb. § 28–311.04Any person convicted of [stalking] is guilty of a Class IV felony if [… ] the victim is under 16 years of age.
    New MexicoN.M. Stat. Ann. § 30–3A-3.1Aggravated stalking consists of stalking perpetrated by a person [… ] when the victim is less than 16 years of age.
    New YorkNY CLS Penal § 120.55A person is guilty of stalking in the second degree when he or she [… ] being 21 years of age or older, repeatedly follows a person under the age of 14 or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place such person who is under the age of 14 in reasonable fear of physical injury, serious physical injury or death.
    OhioORC Ann. § 2903.211Menacing by stalking is a felony of the fourth degree if [… ] the victim of the offense is a minor.
    Rhode IslandR.I. Gen. Laws § 15–15-1“Sexual exploitation” means the occurrence of any of the following acts by any person who knowingly or willfully encourages, aids, or coerces any child under the age of eighteen (18) years.
    South DakotaS.D. Codified Laws § 22–19A-7Any person who willfully, maliciously, and repeatedly follows or harasses a child 12 years of age or younger or who makes a credible threat to a child 12 years of age or younger with the intent to place that child in reasonable fear of death or great bodily injury or with the intent to cause the child to reasonably fear for the child's safety is guilty of the crime of felony stalking.
    TennesseeTenn. Code Ann. § 39–17-315A person commits aggravated stalking [if] the victim of the offense was less than eighteen (18) years of age at any time during the person's course of conduct, and the person is five (5) or more years older than the victim.
    Vermont13 V.S.A. § 1063A person commits the crime of aggravated stalking if [… ] the person being stalked is under the age of 16 years.
    WisconsinWis. Stat. § 940.32Whoever [commits stalking] is guilty of a Class H felony if [… ] the victim is under the age of 18 years at the time of the violation.
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Journal of the American Academy of Psychiatry and the Law Online: 47 (2)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 47, Issue 2
1 Jun 2019
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A Review of Statutes and the Role of the Forensic Psychiatrist in Cyberstalking Involving Youth
Paul Elizondo, Dale E. McNiel, Renée Binder
Journal of the American Academy of Psychiatry and the Law Online Jun 2019, 47 (2) 198-207; DOI: 10.29158/JAAPL.003831-19

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A Review of Statutes and the Role of the Forensic Psychiatrist in Cyberstalking Involving Youth
Paul Elizondo, Dale E. McNiel, Renée Binder
Journal of the American Academy of Psychiatry and the Law Online Jun 2019, 47 (2) 198-207; DOI: 10.29158/JAAPL.003831-19
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