Wednesday, March 20, 2024

How To File A Police Report For Cyberstalking

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How to prevent cyberstalking, report cyberstalkers to FBI

If youre too busy to file a police report or dont feel like going through the process yourself, DoNotPay can help take the burden from you. Our Police report product is designed to simplify the entire process. It will point you to the needed evidence and even contact the police on your behalf. And the best part is its easy and fast to use. All you have to do is:

  • Search police report on DoNotPay and select the type of incident you would like to report.
  • Tell us more about the incident that occurred, including the location, date, time, and sequence of events. Include information on financial losses, personal injuries, or property damage that happened as a result.
  • List any suspects or witnesses you are aware of, verify your contact information, and submit.
  • And youre good to do. DoNotPay will file a police report to the police station near where the incident happened. Youll only need to wait for further communication and status updates, which often come within two weeks of filing.

    Complaints About Police Officers

    If you have experienced police misconduct:

    • Contact the law enforcement agency involved.
    • Submit your complaint in writing to the chief of police or the head of the law enforcement agency involved.
    • Send a copy of your complaint to the Internal Affairs Division of the law enforcement agency. Be sure to keep a copy for yourself.

    If the problem remains unresolved, learn how to file a complaint with the U.S. Department of Justice’s Civil Rights Division.

    Finally, as with any potential legal dispute, you may want to contact a licensed attorney.

    What Qualifies As Harassment

    Another important thing you need to know about is whether something actually counts as harassment or not.

    The legal definition of harassment can change in each state, so it is very important that you check the specific statutes within your local jurisdiction.

    That being said, in most states harassment is usually defined as a misdemeanor, in which you are suffering discrimination, threats, direct danger to your wellbeing, and similar.In order to be able to claim harassment, you will need to prove two main things:

    • Firstly, prove that you felt harassed due to something that was said or done to you
    • Secondly, prove that what was said or done to you, was out of an intent to torment, scare, threaten, or embarrass you.

    The penalty for the harassment will then depend on the type of harassment, the severity, the situation, and the state in which you are in.

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    Using This System Allows You To Submit A Report Immediately

    How to Report a CrimePlease confirm the following to find out if online filing is right for you:

  • This is not an emergency.
  • This incident occurred within the Fresno City limits.
  • This did not occur on a state freeway.
  • This does not involve motor vehicle and/or license plate theft.
  • This does not involve a theft from someone unlawfully entering your home.
  • For emergencies, please call .For non-emergencies you may also call .

    Types of incidents that can be reported online:

    • Custody Order Violation
    • Harassing Phone Calls excluding threats of imminent harm or death
    • Hit & Run Property damage only
    • Theft Except motor vehicles and license plates
    • Supplemental Property Form Add additional property to your original case number
    • Vandalism Excluding graffiti
    • Vehicle Burglary

    Upon completion of this process you will: See the words: Your report has been submitted showing that your report is complete. You will also be given a temporary case number and be able to print a copy of the report to keep for your records.

    Please Note: All cases filed online will be reviewed. Upon review, if further investigation of your case is needed, you may be contacted. Filing a false police report is a crime.

    The Social Stigma Which Would Otherwise Be There In Cases Of Offline/physical Staking Is Not There In The Cases Of Cyberstalking

    What is Cyber Crime in India &  How to File Cyber Crime Complaints?

    Generally, when the physical staking takes place, and the woman thinks of reporting the said incident, she also thinks of the social stigma attached to it. That is, how people will react to it, people will discourage her from proceeding with the complaint as the belief is that such things are routine, she will be told that if she reports the matter then the accused will do more harm to her, nobody will marry her if the incident becomes common knowledge, and her parents and family will restrain her from going out. But these things are unlikely to occur as a result of cyberstalking, as this act happens on the internet and nobody will ever come to know that the complainant has been ever stalked, not even her family if she chooses not to disclose it.

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    Use Donotpay To Protect Yourself From An Online Stalker

    Online stalking can cause fear and anxiety, but putting up resistance and taking action against the aggressor can be your road to recovery. DoNotPay is here to help you fight back. Heres how you can use our app:

  • Log on DoNotPay via your web browser
  • Click on the Relationship Protection section to start the conversation with our chatbot
  • Tap on the Explore Relationship Services
  • Choose Safety and Stalking and then click on Lets Do It
  • Opt for Stalking
  • Answer chatbots questions to allow DoNotPay to correctly assess the situation
  • Once you provide our chatbot with all information, we will get in touch with online platforms where you were subjected to cyberstalking. Heres what DoNotPay will do on your behalf:

    • Report the cyber stalker so that their account goes under investigation
    • Try to get a social media platform to block the stalker so that they cant reach out to you anymore

    Registration Of Written Complaint

    The victim must register her written complaint to their native cyber-cell in the city. If there is no cyber-cell in the city, then they can approach the local police station with the written complaint to have their complaint registered. The written complaint must contain all the known sequence of events along with the id and email of the alleged stalker.

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    Federal Stalking And Harassment Statutes

    The legal definition of cyberstalking varies across jurisdictions. Some states will qualify internet stalking offenses as misdemeanors, but if the stalkers are persistent, they can end up being convicted as felons.

    Online stalking requires proof of specific intent for the stalker to be charged with a crime. This means that the victim needs to prove that the stalker had malicious intent to cause harm to them. If the prosecutor has no evidence of the attack, no charges can be raised.

    In the United States, cyberstalking is a criminal offense. The first anti-cyberstalking law was passed in California in 1999. Lots of other states have followed this example, but it wasnt until the 2010s that cyberstalking has received adequate attention from the lawmakers.

    Although there is no legal act dedicated to cyber harassment in the U.S, some federal laws govern online stalking to a degree. In the table below, you will find which laws tackle internet harassment.

    Federal Law

    If a stalker threatens to publish the victims photo or a video, they may be charged with extortion if the perpetrator communicated with the victim via interstate commerce channels

    Am I A Victim Of Crime

    How to File a Police Report
  • What are some types of crimes committed against victims? Whether a crime has occurred depends on the circumstances surrounding the situation. The following list includes some commonly used terms for a variety of New York State Penal Law offenses. Some New York State Penal Law crimes associated with the commonly used terms are also included. Please be advised that this is not a complete list of all crimes.
  • Endangering the welfare of a vulnerable elderly person
  • Financial Abuse
  • Criminal possession of stolen property
  • Unauthorized use of vehicle
  • Information about these crimes is available through the Office of Victims of Crime.

  • I believe I have been the victim of a crime, but Im not sure. How do I know?

    If you are in immediate danger, or have been a victim of a crime, please call 911.

    If you are unsure if you have been the victim of a crime, the NYPD encourages you to visit your local precinct and speak to a police officer to discuss the details of your situation.

  • If you are seeking information and services, call the NYC Crime Victim Hotline at 866-689-HELP . For the deaf or hard of hearing, call TDD: 866-604-5350.
  • Do I have rights as a victim?

    Yes. As a crime victim, you have rights granted by federal and state law. Learn more about your rights through the Office of Victim Services .

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    Breach Of A Restraining Order

    Sections 3 and 5 make it an offence for the defendant to do anything which he is prohibited from doing under an injunction issued under section 3, or a restraining order issued under section 5.

    It should be noted that whereas the section 2 and 4 offences require a course of conduct, breaches of court orders require only a single act.

    Defence to Breach of Criminal or Civil Order

    The sole defence to a breach of a criminal or a civil order is that the defendant had a reasonable excuse. The standard of proof, which it is for the defendant to put forward, is the balance of probabilities.

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    What Victims Of Stalking Should Do If Stalked/harassed

    The following is a list of suggestions for what to do if you or someone you know believes they may be the victim of stalking.

  • Notify the Police. This is the first thing victims of stalking should do. Notify the respective police department where you live and work.
  • Maintain a Record. Victims should maintain a detailed record of each encounter with their stalker. Maintaining a record will allow victims to recall the incidents should they need to provide the police with information or testify in court. Included in this record of incidents should be: dates, times, locations, complete description of the offender, words spoken, actions taken during the incident, actions taken afterward and names of any witnesses. The victim may also wish to tape record threats made over the telephone or in direct encounters. Any messages sent by means of voice, text, email or any other electronic communication device should be saved and kept with the record.
  • Seek a Protection Order. Temporary, emergency or civil protection orders are court orders intended to keep the stalker away from the victim by making it illegal for the stalker to have contact with the victim. In most jurisdictions, a person who violates this order can be found in contempt of court and jailed or fined. A person who violates a protection order is guilty of a criminal offense, usually a misdemeanor but sometimes a felony, and is subject to criminal prosecution.
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    What Can You Do If You Believe You Are A Victim Of Cyberstalking

    If you start receiving unwanted messages or threats online, do not panic. There are several ways to defend yourself. If you are subjected to harassment on social media sites such as Facebook, Instagram, or Twitter, take a look at the guidelines that these platforms offer to help you deal with it.

    You can also follow our instructions on what to do if you believe you are a victim of cyberstalking.

  • Do not engage in conversation with a stalker. Responding to the stalkers messages can only lead to more stalking and harassment. Do not talk to a stalker or agree to meet with them. If you ignore five messages you receive from them and respond to the sixth one, you send a wrong signal that persistence pays off
  • Keep all evidence of harassment. Do not delete messages from stalkers. Either print or screenshot them. Keep a record of what happened, with times and locations. The more info you gather, the better. Even social media sites will ask you to provide some evidence of abuse
  • Report cyberstalking to the police. Even though police haven’t dealt with cybercrimes well in the past few years, an increasing number of departments have started taking cyberstalking seriously. Reporting harassment to relevant organizations is essential as cyberstalkers usually cease their activities once they are exposed
  • Change your passwords. Immediately change passwords on your accounts and enable two-step authentication for extra protection
  • What Are The Elements Of The Crime

    How To Make A Police Report

    In the same way that the prosecutor proves that someone is guilty of violating the traditional California anti-stalking law.with the additional requirement that the credible threat is communicated via an electronic device.4

    In short, the prosecutor must prove that you

  • maliciously or willfully harassed another person, and
  • made a credible threat against that person,
  • placing that individual in reasonable fear for his/her safety or the safety of his/her family,
  • which was communicated by means of the Internet or another electronic communication device.5
  • For a comprehensive explanation of the facts that are necessary to prove a cyberstalking charge, please review our article on California Penal Code 646.9 PC stalking.

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    Individuals Can Keep In Mind The Following While Using The Internet

  • Protect all of your electronic gadgets with passwords and a finger lock and change them on a regular interval so that no one can hack them.
  • Maintain your privacy on social media platforms,
    • Never mention your personal information and family information on social media and always make your account private and keep the data set to close friends only.
    • Never update your current location or places you are visiting on social media and also, remove events you are about to attend in future.
    • Never add unknown persons to your social media account to increase your number of followers.
  • Things to keep in mind while logging in:
    • Always use the secured site for browsing information and making payments.
    • Always remember to log out from any website or application when you are not using it.
  • And if you find anything wrong, take the screenshots and log the complaint as soon as possible.
  • Fixated Threat Assessment Centre

    The Fixated Threat Assessment Centre is a joint police/mental health unit established by the Home Office, the Department of Health and the Metropolitan Police Service. It assesses and manages the risk posed by people who engage in bizarre communications or contact prominent people in public life and who additionally pose a risk to the public, the prominent person and themselves. This is particularly so in environments where there are armed police officers. This involves referrals to mental health services and where necessary criminal investigation. They can be a useful contact in complex cases.

    Fixated Threat Assessment Centre

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    Discuss The Steps With Your Child

    Discussing what you have learned about the laws and procedures with your child or teen is important because it helps you and your child keep a strong line of communication while you chart out the best course of action. Cyberbullying robs victims of their sense of control, but by including your child in the process of resolving the issue, you help them regain that control.

    What Is The Criminal Penalty For Online Harassment In California

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    Cyber Harassment 653.2 PC

    Cyber harassment is a misdemeanor punishable by up to one year in county jail, by a fine of up to $1,000, or both.

    Cyberstalking 646.9 PC

    Cyberstalking is a misdemeanor punishable by up to one year in county jail, by a fine of $1,000, or both.

    However, several aggravating factors can extend the sentence. If the offender commits cyberstalking in violation of a temporary restraining order, injunction, or other court order, the sentence can be increased to state imprisonment for two, three, or four years.

    If the offender has been convicted of sexual assault or criminal threatening, the sentence can be increased to two, three, or five years in state prison.

    In addition, a person convicted of felony stalking can be ordered to register as a sex offender.

    Cyber Exploitation 647 PC

    Cyber exploitation is a misdemeanor punishable by up to six months in the county jail, a fine of $1,000, or both.

    Multiple amplifiers can increase a perpetrators sentence. If the offender is being convicted for a second or subsequent violation, punishment is increased to up to one year in county jail, a fine of up to $2,000, or both.

    If the victim is a minor at the time of the offense, then the crime becomes punishable by jail for one year, a fine of up to $2,000, or both.

    Threats 422 PC

    Communicating criminal threats is a misdemeanor under California law and is punishable by imprisonment in county jail or state prison for up to one year.

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    What Can I Do If I Think Im Being Stalked

    If you are in immediate danger, call 911. Find a safe place to go if you are being followed or worry that you will be followed. Go to a police station, friends house, domestic violence shelter, fire station, or public area.

    You can also take the following steps if you are being stalked:

    • File a complaint with the police. Make sure to tell them about all threats and incidents.
    • Get a restraining order. A restraining order requires the stalker to stay away from you and not contact you. You can learn how to get a restraining order from a domestic violence shelter, the police, or an attorney in your area.
    • Write down every incident. Include the time, date, and other important information. If the incidents occurred online, take screenshots as records.
    • Keep evidence such as videotapes, voicemail messages, photos of property damage, and letters.
    • Get names of witnesses.
    • Get help from domestic violence hotlines, domestic violence shelters, counseling services, and support groups. Put these numbers in your phone in case you need them.
    • Tell people about the stalking, including the police, your employer, family, friends, and neighbors.
    • Always have your phone with you so you can call for help.
    • Consider changing your phone number . You can also ask your service provider about call blocking and other safety features.
    • Secure your home with alarms, locks, and motion-sensitive lights.

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