It is against the law in Mississippi to “post a message for the purpose of causing injury to any person through the use of any medium of communication, including the Internet or a computer, computer program, computer system or computer network, or other electronic medium of communication without the victim’s consent, for the purpose of causing injury to any person.”  Miss. Code Ann. § 97-45-17.

Posting malicious messages on the internet (Facebook, MySpace, listservs, message boards, chat sites, etc.) is a felony in Mississippi, punishable by imprisonment for not more than five (5) years or a fine of not more than Ten Thousand Dollars ($10,000.00), or both.

Does this apply to my iphone or blackberry?

Look at the phrase “any medium of communication” in the statute.  Since most cell phones today are tiny little computers you hold in your hand, and the technology continues to advance by “melding” the phone network and the computer networks, then it probably does.

What is the difference between this crime and the crime of cyberstalking?

When you cyberstalk someone, you are posting messages or using language designed to threaten, harass, cause bodily harm, or to extort money from your intended victim.  With this crime, your messages are posted with the intent to cause injury to a person, and the term “injury” has a broader connotation (injury to reputation, career, etc.).

How are some of the ways this crime might be committed?

Some people are very creative, and this crime (or a crime like it in another state) has been violated by:

1.  A man getting his spouses email password, then sending threatening email messages to himself through her account, then having her arrested.
2. “Cyberbullying” – go online and google “Alexis Pilkington” and look at the tragic results of this activity
3. Posting compromising pictures of former spouses, boyfriends, or girlfriends on the internet

This crime, like all high-tech crimes, is defensible, but only if your lawyer is familiar with the latest in technological trends and criminal defenses related to cybercrime.  I can tell you that the Cyber Crimes Unit of the Mississippi Attorney General’s Office is very sophisticated at investigating these types of crimes.  If you are charged with a cybercrime you will need a lawyer that is just as sophisticated.  Give me a call at 601-991-1099, or send me a email to clarence@guthriefirm.com.  I am here to help.

1. Use in electronic mail or electronic communication any words or language threatening to inflict bodily harm to any person or to that person’s child, sibling, spouse or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person.
2. Electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of threatening, terrifying or harassing any person.
3. Electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person’s family or household with the intent to threaten, terrify or harass.  And finally,
4. Knowingly permit an electronic communication device under the person’s control to be used for any purpose prohibited by this section.  (PAY ATTENTION TO THIS – It is against the law to let someone borrow your cell phone when you know they are going to use it to harass someone).

Cyberstalking is a felony punishable by imprisonment for not more than two years or a fine of not more than Five Thousand Dollars ($5,000.00), or both.  But if you commit the crime while violating a restraining order, or while on probation or pretrial release, etc., or you’ve done it before, or the prosecution proves that a “credible threat” has been communicated, then the punishment increases to imprisonment for not more than five (5) years or a fine of not more than Ten Thousand Dollars ($10,000.00), or both.  Miss. Code Ann § 97-45-15.

There are several federal statutes that criminalize forms of cyberstalking as well, and it is important for your lawyer to be familiar with all of them.  Cyberstalking is a relatively new, high-tech crime, and it has equally high-tech defenses.  If you are accused of cyberstalking give me a call at 601-991-1099 or contact me here.  I have defended computer crimes since 1999, and I am here to help.