The rise of the internet has made it much easier for people to meet. However, this has also led to new types of harassment. Online harassment will not go away just because it is being sent electronically, and the law is beginning to hold people accountable for their conduct on the internet as well as off.
Understanding what types of behavior constitute online harassment, how different states define these behaviors and where there are support services to assist you will help minimize your exposure to potential legal consequences.
Cyberstalking
Cyberstalking is all about repetition. The law looks for repeated acts that aim to create fear, anxiety, emotional harm, or concern for one’s physical safety. Behaviors that could constitute cyberstalking in an online dating scenario are messaging from different platforms after being blocked on another; making fake accounts online to continue to reach the victim, and tracking the victim online.
While some states have laws that criminalize cyberstalking, others criminalize cyberstalking behavior through a larger harassment or stalking statute. In either situation, courts look at the frequency, escalation, and repercussions to the victim.
Doxxing
Publishing someone’s personal or identifying information without their consent is known as doxxing. This practice is most often used to harass or retaliate against the person. The typical forms of disclosed personal or identifying information may include home address, telephone number, workplace, and even family member information.
Although not every state has a specific doxxing statute within its criminal code, most states do have statutes covering the major components of doxxing through harassment, stalking, identity theft, and/or invasion of privacy.
Nonconsensual Image Sharing
Non-consensual image sharing (often referred to as “revenge porn”) is now against the law in many states across America. This law applies even if a person has voluntarily shared an intimate image during a relationship. Posting, sending or threatening to send non-consensual intimate images can lead to either criminal or civil liability.
There are serious legal consequences for those who share these types of images because they can cause long-term and serious reputational and emotional harm to victims, especially when images are posted on a dating app or social media.
State Laws are Important
The laws on online harassment can vary significantly between states. Certain states have their own specific laws relating to certain types of harassment, such as cyberstalking, impersonation, and doxxing.
Other states have older laws governing harassment and stalking that have been expanded to include electronic communication. Moreover, jurisdiction for prosecutions in relation to online harassment can depend not only on the location of the victim but also on the location of the suspect, and where the messages were sent or received.
Texas as a Case Study
Although the laws in Texas do not always incorporate the current terminology of cyberspace, they certainly apply to abusive online conduct. Harassment under the Texas Penal Code constitutes electronic communications made with the intent to harass, annoy, alarm, abuse, torment, or embarrass another person.
Therefore, sending repeated undesired electronic communications, impersonation online, and contacting a person who has instructed you to stop may result in being charged with a crime.
Depending on the circumstances of the offense, it can be either a misdemeanor or a felony.
If you are accused of online dating harassment, even if you feel you have been misunderstood, the situation can be overwhelming. The first thing to do is to cease contact and preserve your records instead of deleting them. It is essential that you understand the intent, context and tone of your messages so that the small things don’t turn into large problems. Consult with lawyers before making decisions. The legal team at Tad Law in Friendswood can help you gain a better understanding of your rights, the evidence against you, and how to proceed in Texas.
How to Document Harassment
If you have experienced harassment from an online dating app, it is essential that you have proper documentation of all messages. Save all of the messages you receive and take clear screenshots of each message that include the username and timestamp as well as the date and time of any message.
You should also not alter or delete any messages. Many dating apps only allow a user to access messages for a short period of time after the last message. Therefore, documenting messages early can have a huge impact on your ability to prove your case.
Most dating apps have an option to report harassment that, when completed, can result in account suspension or banning of the offending party. If the harassment includes threats, doxxing or nonconsensual images, then reporting to law enforcement may also be appropriate.
Providing organized documentation of the harassment to police will give them a better chance of being able to determine if charges or protective orders are appropriate.
Keep Record
Harassment in online dating is based on a pattern, intent and harm, not just hurt feelings. If you are being harassed, keep good records of everything that has happened to you and report it on time. If you are accused of harassment, take it seriously and consult with an attorney to protect your rights.
