My friend & her ex got into a huge fight. He unfriended her. She emailed him begging for forgiveness then he wrote something alluding to her on his Twitter account then blocked her on Facebook. My friend got concerned that bc of the Twitter post that he was posting things on FB about her, so she went on another account & onto his page to report his posts. After a series of emails back & forth, he texted her just before Xmas to say he was putting it behind him & wishing her a Happy Holiday. (He never unblocked her.) She moved all her pictures to a new FB name, got rid of her additional names, incl the one he blocked & looked at his page out of curiosity before blocking him & all his friends. This was 3 yrs ago but someone heard about it recently & said they're calling the cops on her.There is no contact between them and my friend is not making any contact nor going on other FB names. He is still blocked on her new account. She is also not googling him or anything.
Although the statute of limitations is three years and may not bar prosecution, I seriously doubt anyone cares about this and doubt the police or DA would want to get involved.
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.
I would not be concerned unless someone, police etc contacts you. Then you should contact an attorney.
That's a lot of drama. I wouldn't be too worried about it. Doesn't sound like stalking to me. Where do you fit into this picture?
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
The statute of limitations for a misdemeanor is 2 years.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
As I understand the facts, your friend's ex-boyfriend unfriended her on facebook, then blocked her on facebook and she attempted to contact him again via opening up a new facebook account under a different name. Cyberstalking is the use of the Internet, email or other electronic communications to stalk, and generally refers to a pattern of threatening or malicious behaviors. (type of harassment).
Cyberstalking in New York would be a violation of § 240.30 Aggravated harassment in the second degree. A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she:
1. Either (a) communicates with a person, anonymously or otherwise, by telephone, by telegraph, or by mail, or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm; or
(b) causes a communication to be initiated by mechanical or electronic
means or otherwise with a person, anonymously or otherwise, by
telephone, by telegraph, or by mail, or by transmitting or delivering
any other form of written communication, in a manner likely to cause
annoyance or alarm;
Cyberharassment usually pertains to threatening or harassing email messages, instant messages, or to blog entries or websites dedicated solely to tormenting an individual. New York has not created a stand-alone cyberharassment statute.
In New York, the statute of limitations for aggravated harassment and stalking is two years. Because the statute of limitations has run for both of the offenses, it is too late to bring charges against her. In addition, it is unlikely that friend would be charged with stalking or harassment.
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