Dear Professor Ross,
You asked whether Conner Walsh could be charged with cyberstalking in connection to the text messages and Facebook posts sent from his personal accounts. The answer is probably not. In order to be found liable for cyberstalking the defendant must show repeated electronic communication that is, “directed at a specific person,” that, “serve[s] no legitimate purpose.” Leach v. Kersey, 162 So.3d 1104, 1106 (Fla. Dist. Ct. App. 2015). Because these facts are not present Walsh’s communication would not constitute cyberstalking.
According to Walsh, he and Mr. Bezo have known each other since October of 2014. Walsh began working for Bazinga Enterprise as a legal intern. They became romantically involved, which recently came to an abrupt end. Walsh has been contacting Mr. Bezo through text messages to collect his last paycheck from his employment at Bazinga Enterprise. Walsh sent messages and pictures specifically stating his wish to collect his last paycheck and a picture venting frustration over not being paid. Walsh has also sent pictures through Facebook that were directed at the Bazinga Enterprise company account. …show more content…
Stat. §784.048 (2015). Cyberstalking is “a course of conduct through electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person serving no legitimate purpose,” Leach v. Kersey, 162 So.3d at 1106. Cyberstalking is not found where the electronic messages are, “not directed at a specific person.” Horowitz v. Horowitz, 160 So.3d 531,531 (Fla. Dist. Ct. App. 2015). In Horowitz, where a husband posted messages on his Facebook page but were not specifically directed nor tagged to his wife, the court concluded that those posts did not constitute cyberstalking. Id. at
You asked whether Conner Walsh could be charged with cyberstalking in connection to the text messages and Facebook posts sent from his personal accounts. The answer is probably not. In order to be found liable for cyberstalking the defendant must show repeated electronic communication that is, “directed at a specific person,” that, “serve[s] no legitimate purpose.” Leach v. Kersey, 162 So.3d 1104, 1106 (Fla. Dist. Ct. App. 2015). Because these facts are not present Walsh’s communication would not constitute cyberstalking.
According to Walsh, he and Mr. Bezo have known each other since October of 2014. Walsh began working for Bazinga Enterprise as a legal intern. They became romantically involved, which recently came to an abrupt end. Walsh has been contacting Mr. Bezo through text messages to collect his last paycheck from his employment at Bazinga Enterprise. Walsh sent messages and pictures specifically stating his wish to collect his last paycheck and a picture venting frustration over not being paid. Walsh has also sent pictures through Facebook that were directed at the Bazinga Enterprise company account. …show more content…
Stat. §784.048 (2015). Cyberstalking is “a course of conduct through electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person serving no legitimate purpose,” Leach v. Kersey, 162 So.3d at 1106. Cyberstalking is not found where the electronic messages are, “not directed at a specific person.” Horowitz v. Horowitz, 160 So.3d 531,531 (Fla. Dist. Ct. App. 2015). In Horowitz, where a husband posted messages on his Facebook page but were not specifically directed nor tagged to his wife, the court concluded that those posts did not constitute cyberstalking. Id. at