Houston Cyberstalking Defense Attorney

If you have been accused of cyberstalking in Houston, Texas, securing the right legal representation is essential. The laws surrounding online harassment are complex, and without knowledgeable guidance, a false accusation can spiral into a serious legal battle.

At Scheiner Law Group, our experienced Houston cyberstalking defense lawyers specialize in defending individuals accused of cyberstalking, and we understand both the local and federal laws governing these cases. With the right defense, it’s possible to challenge these charges, reduce penalties, or even have the case dismissed.

Texas law takes cyberstalking seriously, with penalties that can include felony convictions. In 2001, the Texas Penal Code was updated to address online harassment, with cyberstalking falling under Texas Penal Code 33.07.

This law specifically targets individuals who use electronic communication to threaten, defraud, or harm others. Accusations of cyberstalking often result in aggressive prosecution, making it crucial to have a skilled defense team on your side. At Scheiner Law Group, our experienced cyberstalking defense attorneys in Houston, Texas, are here to protect your rights and help you navigate the legal process.

What is the Definition of Cyberstalking in Houston, Texas?

Cyberstalking is a criminal offense under Texas law, specifically targeting individuals who use electronic communication to harass, intimidate, or threaten others. This can include sending persistent unwanted messages, making threats through email or social media, or even tracking someone’s online activities without their consent.

Cyberstalking in Houston, Texas, is broadly defined, encompassing a wide range of activities that can be interpreted as threatening. These behaviors, though they may appear trivial to some, can have devastating effects on the lives of victims.

This broad definition also opens the door to potential misunderstandings or false accusations. Unfortunately, many individuals find themselves falsely accused of cyberstalking due to the subjective nature of these laws.

Cyberstalking can take many forms, including:

Cyberbullying
Online sexual harassment
Spreading false or defamatory information
Posting threatening content online
Using the Internet to torment or cause psychological harm
Pretending to be the victim and causing substantial emotional distress

The consequences of cyberstalking charges are severe, ranging from Class B misdemeanors to third-degree felonies, which could result in years of imprisonment and fines up to $10,000. In some cases, the charges may also involve computer sex crimes, such as sexting minors, possession of child pornography, or online solicitation of a minor.

These charges are devastating and can lead to lifelong consequences, including registration as a sex offender. If you are facing such allegations, it is essential to seek help from a skilled Houston internet sex crimes lawyer at Scheiner Law Group who can provide the defense you need to protect your future.

What Are The Cyberstalking Laws in Houston, Texas?

Cyberstalking in Houston, Texas, is taken seriously under the state’s strict legal framework. The Texas Electronic Communications Act prohibits the use of electronic communications—such as emails, text messages, or social media posts—to threaten, harass, or intimidate another person.

This law aims to protect individuals from the growing problem of online harassment but can also be misapplied, leading to wrongful accusations and severe penalties. You can read more about the law here: Texas Electronic Communications Act.

Texas Penal Code Sec. 42.072 criminalizes stalking behaviors, whether online or offline. According to this statute, repeatedly engaging in conduct that causes someone to feel threatened, harassed, or alarmed could lead to a felony charge, punishable by significant prison time and fines.

Even seemingly minor actions, like sending persistent messages, can escalate into serious legal trouble if the behavior is interpreted as threatening. You can find more details here: Texas Penal Code Sec. 42.072.

Cyberstalking laws are broad and can sometimes be based on misunderstandings or false claims. Having an experienced Houston sex offender attorney on your side can make all the difference in ensuring your rights are defended throughout the legal process.

What is “Online Impersonation” and Why is it Illegal in Houston, Texas?

Online impersonation occurs when someone pretends to be another person online without consent, often with the intent to harm, defraud, or intimidate the victim. The internet’s anonymity makes it easy to create fake profiles or accounts, leading some individuals to misuse this power to harass others.

In Texas, online impersonation is considered a serious crime, as it can cause significant harm to the victim’s reputation, emotional well-being, and personal security.

Texas made online impersonation a criminal offense in 2009, recognizing the need to address the growing problem of online harassment. The law was expanded to cover not only social networking sites but also electronic messaging platforms. Under Texas Penal Code Section 33.07, a person can be charged with online impersonation if they use someone else’s name or identity to create a web page or send messages without their consent, intending to harm or defraud them.

This offense can result in substantial penalties, including up to a year in jail and hefty fines. Depending on the severity of the act, such as creating a fake webpage, the offense could escalate to a third-degree felony, carrying a sentence of up to ten years in prison.

Online impersonation is illegal because it violates a person’s right to privacy and can lead to devastating consequences, such as identity theft, defamation, and emotional distress. The misuse of another person’s identity online not only affects the victim but also undermines the integrity of digital communication. In Houston, these laws are taken seriously, and those accused of online impersonation should seek legal counsel to navigate the complexities of their case.

Below are some examples of electronic sex crimes that may be connected to online impersonation:

Child Pornography Possession or Promotion: Individuals may impersonate others to distribute or solicit child pornography, making it difficult for law enforcement to trace the crime back to the perpetrator. Possession or promotion of child pornography is a serious offense in Texas, punishable by lengthy prison sentences, fines, and mandatory registration as a sex offender.
Indecency with a Child: Online impersonation can be used to groom or lure minors into situations that result in charges of indecency with a child. These crimes often involve inappropriate communications or actions conducted through digital platforms. Texas laws impose harsh penalties for those convicted of indecency with a child, including long-term imprisonment and sex offender registration. The Scheiner Law Group can help you build a strong defense.
Prostitution Promotion: Online impersonation can facilitate the promotion of prostitution by masking the identity of those involved. This crime is prosecuted aggressively in Texas, and those convicted may face severe penalties, including imprisonment and fines.
Online Solicitation of a Minor: Perpetrators often use online impersonation to solicit minors for sexual acts, disguising their identity to evade detection. This offense carries severe penalties, including mandatory sex offender registration and long-term imprisonment.
Sexting Minors: Impersonating someone else to engage in sexting with minors can result in serious charges. Sexting minors is considered a crime in Texas, especially when it involves explicit images. Legal penalties for sexting-related offenses can include imprisonment, fines, and mandatory registration as a sex offender.

These electronic sex crimes are closely tied to online impersonation, making it essential for those accused to seek expert legal advice. The Scheiner Law Group has extensive experience in defending clients against these complex sex crime charges and can provide the support you need.

Sexting, Cyber-Flashing, and Other Internet Sex Crimes in Houston

In Houston, internet-based sex crimes, including sexting and cyber-flashing, have become a growing concern. Cyber-flashing, in particular, involves sending unsolicited explicit images to another person through digital platforms such as social media, messaging apps, or even programs like Apple’s AirDrop.

Under Texas law, this behavior is illegal and can result in both criminal charges and civil liability. If you receive an unsolicited nude image without giving your express consent, the sender may be held accountable under Texas’ groundbreaking cyber-flashing law.

This law, passed in 2019, makes it a crime to send someone a nude or sexually explicit image without their request or permission. These unwanted images can cause emotional distress and may also be part of a larger pattern of harassment, which can include sexual language, threats, or even doxing (the release of personal information).

Victims of cyber-flashing may have grounds to take legal action, both criminally and civilly, against the perpetrators. Suing the sender in civil court is possible if you can demonstrate that the sender violated their legal duty to refrain from sending such images and that you suffered damages as a result.

Alongside cyber-flashing, sexting—particularly involving minors—is another serious crime in Houston. Sexting can involve the transmission of explicit messages or images, and when minors are involved, it can lead to severe penalties. These crimes are often associated with more significant offenses, such as the online solicitation of a minor, which carries even harsher consequences.

Whether facing accusations of cyberstalking in Houston, Texas, or dealing with charges related to sexting or cyber-flashing, it is crucial to seek legal counsel from a knowledgeable Houston sex crime defense lawyer. The legal ramifications can be life-changing, and an experienced Houston sex offender attorney from Scheiner Law Group can help safeguard your rights and guide you through the complex legal landscape.

What Are The Consequences of Being Charged With Cyberstalking in Houston, Texas?

Cyberstalking is a serious offense in Houston, Texas, and carries severe legal consequences. Under Texas law, cyberstalking is typically classified as a felony, with penalties that vary based on the specifics of the offense. For a first-time conviction, cyberstalking is usually charged as a third-degree felony. This can result in a prison sentence ranging from 2 to 10 years and fines of up to $10,000.

If the offender has prior convictions or if the case involves certain aggravating factors, the charge can be elevated to a second-degree felony, which carries stiffer penalties, including a prison sentence of 2 to 20 years.

Additional factors, such as if the victim is a minor, elderly, or disabled, can further elevate the severity of the penalties. If the cyberstalking incident involves the use of a deadly weapon or other aggravating circumstances, the legal consequences can increase significantly.

Beyond criminal penalties, victims of cyberstalking in Houston often seek protective orders, which prohibit the offender from contacting or approaching them. Violating these orders can result in further legal actions.

In addition to imprisonment and fines, a conviction for cyberstalking in Houston, Texas, can have long-lasting repercussions. A felony record can limit your ability to find employment, secure housing, or obtain loans. The social stigma associated with these charges can also damage personal relationships and tarnish your reputation.

Given the high stakes involved, it is crucial to consult a skilled Houston sex crime defense lawyer if you are facing cyberstalking charges. A knowledgeable attorney at Scheiner Law Group can provide the experienced legal representation needed to protect your rights and navigate the complex legal process.

What Are Some Defenses Against Charges of Cyberstalking in Texas?

Being accused of cyberstalking in Houston, Texas, can be overwhelming, but there are strong defenses that can challenge these charges. One of the key challenges in cyberstalking cases is proving the identity of the person behind the alleged actions. Since cyberstalking often occurs anonymously on social media platforms or through masked IP addresses, it is possible for someone to be wrongly accused due to identity theft, hacking, or the use of anonymous accounts.

In such cases, your Houston sex crime defense lawyer can argue that the evidence linking you to the crime is insufficient or unreliable.

Another potential defense is to contest the nature of the communication itself. Not all online messages or interactions rise to the level of cyberstalking. To be convicted of cyberstalking in Houston, there generally needs to be a reasonable threat of harm. If a reasonable person would not interpret your messages as threatening, or if there was no intent to cause harm, then the prosecution’s case may fall apart.

A skilled Houston sex offender attorney can help demonstrate that your actions did not meet the legal threshold for cyberstalking.

In addition, digital evidence such as screenshots, emails, or social media posts can often be the cornerstone of a cyberstalking case. However, this evidence is not always foolproof. Your defense lawyer can challenge the authenticity and relevance of the digital evidence presented against you. They may also question whether the prosecution can prove that you were the one responsible for sending the messages in question.

Skilled Internet Sex Crime Defense Lawyers in Houston, Texas

At Scheiner Law Group, we are dedicated to defending individuals against false allegations of internet sex crimes, including cyberstalking. We understand that in today’s digital age, accusations of online misconduct can arise suddenly and without warning, often with life-altering consequences. Our team of experienced Houston sex crime defense lawyers is committed to protecting your rights and reputation throughout the legal process.

We know how easily misunderstandings can occur in the world of digital communication, and we are well-equipped to handle complex cybercrime cases in Houston, Texas. From defending against accusations of cyberstalking to more severe internet sex crime charges, we carefully investigate the evidence and work to uncover any flaws in the prosecution’s case.

Our attorneys understand that a conviction can have long-lasting effects on your life, including potential sex offender registration, damage to your personal and professional relationships, and the loss of your freedom.

At Scheiner Law Group, we believe in your right to a fair defense. We approach each case with the determination to achieve the best possible outcome, using our extensive knowledge of Texas law and our passion for justice. If you are facing allegations of cyberstalking or other internet sex crimes, don’t hesitate to contact our skilled legal team. We are here to stand by your side, protect your future, and fight for your rights every step of the way.