What should I do if I have been criminally charged with stalking or cyberstalking in Rhode Island?
You should call a Rhode Island criminal defense attorney who knows what to look for and can curate a particularized and successful defense strategy. You may think your case is straight-forward and do not want to “waste” money on your defense. However, each case is different and the outcome of a case often falls on the presentation of the defense (which is much more likely to be in your favor if you hire an experienced Rhode Island criminal defense attorney).
What constitutes “stalking”?
Stalking laws vary state to state, but Rhode Island law (R.I. Gen. Laws § 11-59-2) provides “[a]ny person who: (1) harasses another person; or (2) willfully, maliciously, and repeatedly follows another person with the intent to place that person in reasonable fear of bodily injury, is guilty of the crime of stalking.”
What are the penalties for stalking in Rhode Island?
Stalking is classified as a felony, punishable by up to five (5) years in jail, a fine of not more than ten thousand ($10,000) dollars, or both.
What constitutes “cyberstalking”?
R.I. Gen. Laws § 11-52-4.2 provides “[w]hoever transmits any communication by computer or other electronic device to any person or causes any person to be contacted for the sole purpose of harassing that person or his or her family is guilty of [cyberstalking].”
Cyberstalking is categorized as a computer crime because the communication must be transmitted by computer or other means of electronic communication specifically delineated in R.I. Gen. Laws 11-52-1.
What are the penalties for cyberstalking in Rhode Island?
A first offense cyberstalking charge is classified as a misdemeanor, punishable by up to one (1) year in jail, a fine of not more than five hundred ($500), or both.
A second or subsequent conviction shall be deemed a felony, punishable by up to two (2) years in jail, a fine of not more than six thousand dollars ($6,000), or both.
What is considered harassment?
“Harassing” means any knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or bothers the person, and which serves no legitimate purpose.
Examples may include, but are not limited to:
Ø Unwanted communication
Ø Physical appearances
Ø Threats/assaults
Ø Surveillance
It is important to note that both stalking and cyberstalking require a course of conduct that shows continuous purpose. In other words, the State cannot prove either charge beyond a reasonable doubt without alleging multiple incidents. A single, isolated incident is not enough.
Stalking and cyberstalking charges are serious and can have devastating consequences if convicted. If you or a loved one has been charged with a stalking or cyberstalking call Repetto Law, LLC and let us help you through the legal process.
Attorney Brianna C. Repetto defends individuals facing stalking and/or cyberstalking charges in Barrington, Bristol, Burrillville, Charlestown, Coventry, Cranston, Cumberland, East Greenwich, East Providence, Exeter, Foster, Glocester, Hopkinton, Jamestown, Johnston, Lincoln, Middletown, Narragansett, Newport, North Kingstown, North Providence, North Smithfield, Pawtucket, Portsmouth, Providence, Richmond, Scituate, Smithfield, South Kingstown, Tiverton, Warren, Warwick, Westerly, West Greenwich, West Warwick, Woonsocket.
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