Cyber-Stalking Laws in California

Stalking is unwanted behavior passed by an individual or  a group towards another person. Normally it’s related to intimidation or harassment. initially in the year 1990,the state of  California was the first in united states to enact  the law, the law prohibited  harassment  or  making a threat to any person  or cause bodily harm, it resulted to  other  50 state and the federal  government  to enact laws  that was to address the stalking menace .

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According to Wright and Burgess (1996), Internet has become a widely used   way of communication, higher populations of people  round the world have accessed thus acts as a prime source  of communication .cyber stalking has become a serious a matter and of the recent years .it has gained global attention. Internet being a form  of communications have limitless boundaries hence there is need for policies to regulate internet ominous task. For instance without tangible  laws to govern  the users, cyber user would have been prone  to a wide range of abuse, normally they target their victims  through  chat rooms forums or message board discussions, usually, it occurs to women  who are stalked by men or even children  who are being stalked by adult predators.

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The state of California  have legislated the law to render punishment to the offenders, cal. penal code  422 describe the  elements of offence  at its dire consequences  Attinello,(1993)., it outline s that any person who willfully threatens   to commit a crime  which will result  to death or bodily  injury to another person, with specific intent  that the statement  made verbally, in writing or by electronic  means  of  communication device  will face the consequences, it reinforces the  safety to the person who is offended by assuring the  victim or for his immediate  family’s safety. Here the family could be spouse whether by marriage, or not parent, child or any other person related   with member whose rights have been violated. The legislation was inclusive to electronic communication devices which include but not limited to telephones, video recorders, fax machines, or cellular telephones, (Zona  and Palarea,1998).

However, the legislated laws  have certain  limitations, generally, the  laws covered  both the narrow and  wide approach ,there is fear that the mentally impaired stalkers would not be  conscious of what they do and therefore  could not be  considered to act in the manner they were considered  to act intentional.  Punishment impounded could at some point not favor their conditions. Ultimately, the essence of stalking  should be appropriate and  and it should  have the legal and non legal remedies  so as to combat the  this highly detrimental  type of behavior.

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