Cyber-stalking legislation

In Texas, cyberstalking laws related to online harassment offense and which involved the amendment of Chapter 33, Penal Code where section 33.07 was added. The online harassment includes using a name, another person’s persona to for creation of web page or posting message on social network without consent of the person or while intending to harass. It is also an offense if the person communication references another person’s details, initiating electronic communication that is obscene, repeatedly making anonymous communication to a person telephone number with intent to harass, in a manner likely to embarrass, offend or even abuse them (Working to Halt Online Abuse (WHOA), 2016).

The cyber-stalking legislation deals majorly with criminalizing the act while doing little to prevent the victims from being targeted or the culprits from proceeding with the act. The unique challenge relating to preventing cyberstalking involves the anonymity of the criminal who is able to hide his identity and constantly pursuing his intentions. There is much protection of a person while using the internet which means the privacy issues may arise while law enforcement agents want to pursue the cyber-stalker (Elder, 2014). Without providing a solution to how the privacy of such a person can be overlooked for the benefit of victims’ justice, the law may fail to prevent this crime.

There are various limitations to these legislations especially in relation to their enforcement. A local law enforcement agent is specifically disadvantaged due to jurisdictions constraints since a stalker may be located in another state or even country which makes it difficult to investigate or even prosecute.  Investigation of the offense also faces obstacles such as 1984 Cable Communication Policy Act which requires a court order for agencies wanting to obtain personal information (Elder, 2014).

Reference

Working to Halt Online Abuse (WHOA). (2016) Cyberstalking-related federal and state laws. Retrieved from http://www.haltabuse.org/resources/laws

 

Elder, C. (2014). Stalking: Watching a Crime Evolve.