B. Is there a crime of stalking/cyberstalking?
California Penal Code § 646.9 - Stalking
- 8 Part Test -
As you can see below the crime of stalking requires a complex 8 part test. Notice that there MUST be a threat made for the crime of stalking to occur.
1) Is there evidence of a pattern of willful and malicious conduct on behalf of the defendant, evidencing a continuity of purpose, the intent of which was to follow, harass, seriously alarm, annoy, torment, or terrorize the plaintiff? AND
2) Is there evidence that the plaintiff was knowingly, specifically and personally chosen as the target of the defendant's malicious conduct? AND
3) Is there evidence that the defendant's actions seriously alarmed, annoyed, tormented, or terrorized the plaintiff?
4) Is there evidence that the harasser's actions were repeated? AND
5) Is there evidence that the defendant knowingly and willfully made at least one credible threat with intent to place the plaintiff in reasonable fear for their safety, and with the apparent ability to carry out the threat? AND
6) Is there evidence that the harasser's actions were such as would cause a reasonable person to suffer substantial emotional distress? AND
7) Is there evidence that the defendant's actions caused the plaintiff to actually suffer substantial emotional distress, i.e., highly unpleasant mental suffering or anguish from socially unacceptable conduct, which entailed such intense, enduring and nontrivial emotional distress that no reasonable person in a civilized society should be expected to endure it? AND
8) Is there evidence that the defendant's actions had no legitimate purpose?
It's possible. There's been repeated harassment, review at Amazon; and impersonation at other blogs. He's on his way into trouble. The last post is an implied threat.
"Step into my parlor," said the spider to the fly.