CyberStalking LAWS USA & Italy

CYBERSTALKING LAWS USA

Today there are 45 current and pending cyberstalking laws on the books under United States federal and state laws. These laws address online harassment of children, child predators, and laws that protect adult cyberstalking victims and cyberbullying cases.


Federal Stalking Laws


18 USCS § 2261A. Stalking. (2013)

(2) with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a course of conduct that--

(A) places that person in reasonable fear of the death of or serious bodily injury to a person described in clause (i), (ii), or (iii) of paragraph (1)(A); or

(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of paragraph (1)(A),


2261(b) Penalties. A person who violates this section or section 2261A [18 USCS § 2261A] shall be fined under this title, imprisoned-

(1) for life or any term of years, if death of the victim results;

(2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the victim results;

(3) for not more than 10 years, if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense;

(4) as provided for the applicable conduct under chapter 109A [18 USCS §§ 2241 et seq.] if the offense would constitute an offense under chapter 109A [18 USCS §§ 2241 et seq.] (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and

(5) for not more than 5 years, in any other case, or both fined and imprisoned.

(6) Whoever commits the crime of stalking in violation of a temporary or permanent civil or criminal injunction, restraining order, no-contact order, or other order described in section 2266 of title 18, United States Code, shall be punished by imprisonment for not less than 1 year.


28 U.S. Code § 4101

Defamation.—

The term “defamation” means any action or other proceeding for defamation, libel, slander, or similar claim alleging that forms of speech are false, have caused damage to reputation or emotional distress, have presented any person in a false light, or have resulted in criticism, dishonor, or condemnation of any person


The List of 45 Additional State Laws

Visit Haultabuse.org


CYBERSTALKING LAWS ITALY

L. 23 aprile 2009, n. 38, “Misure urgenti in materia di sicurezza pubblica e di contrasto alla violenza sessuale, nonche’ in tema di atti persecutori”


Defamation (Criminal Code Art. 595): Defined as injuring the reputation of an absent person via communication with others. The penalty is a fine of up to one year. If the act of insult or defamation consists in the allegation of a specific fact, the potential penalty is increased to imprisonment for up to two years or a fine of €2,065. If committed by means or the press or otherwise publicly, the penalty is a fine of at least €516 or imprisonment from six months to three years. Penalties are also increased if the defamatory statement is directed at a political, administrative or judicial body or at a representative thereof or an authority constituted in college.

Defamation is also considered a criminal offence under Law No. 47/1948 (Provisions on the Press, Defamation, Crimes Committed against the Profession and Criminal Procedure, hereinafter “Press Law”). According to Art. 13 of the Press Law, defamation committed by the press is punishable by a fine of no less than 10,000 lire (€5.16) or imprisonment from one to six years. In order for defamation to be liable under the Press Law, it must involve an accusation of fact (attribuzione di un fatto determinato).

Citation:  Legal Database, 2018


Decree n. 11/2009, Article 612 bis

This decree allows for the punishment of any conduct which disturbs a person's routine living habits, causes a sense of anxiety or fear, creates serious mental or physical discomfort, or provokes a justifiable fear for one's personal safety.


Law Decree 23 February 2009, n. 11, "Misure urgenti in materia di sicurezza pubblica e di contrasto alla violenza sessuale, nonchè in tema di atti persecutori" converted into Law 23 April 2009, n. 38.The same in Art. 612-bis Penal Code: Atti persecutori

Defined by the legistlation as continuative harassing, threatening or persecuting behaviour which: (1) causes a state of anxiety and fear in the victim(s), or; (2) ingenerates within the victim(s) a motivated fear for his/her own safety or for the safety of relatives, kin, or others associated with the victim him/herself by an affective relationship, or; (3) forces the victim(s) to change his/her living habits. 


Citation: EIGE, 2018

Global Cyberlaw Database

For the list of global cyberlaws visit the Cyberlaw Database



CYBERSTALKING HELP

File a report immediately with police authorities in your country and that of the harasser. If you cannot identify your harasser, the police may help you and advise that you hire a cyber-investigator. 


Report a Cyberstalker - Support for Victims of a Cyberstalker


Stalking and harassment | Victim Support


Cyberstalking | Get Safe Online