Los Angeles Electronic Domestic Violence Attorney

Domestic violence is a serious issue in California and often evokes images of physical confrontations or assaults. However, in today’s technology-driven world, allegations of domestic violence can also arise from actions committed online or via electronic communications. The California legislature has responded by creating or modifying statutes to address Internet-related offenses—including stalking, harassment, and nonconsensual pornography (also known as “revenge porn”)—in the context of domestic violence. Understanding the laws, the jury instructions, and the potential penalties is crucial for anyone who faces charges related to electronic domestic violence offenses in Los Angeles. Seeking a skilled and experienced domestic violence attorney is crucial to ensure you understand your rights and avoid jail time.

How Has Technology Changed Domestic Violence Laws?

Technology has fundamentally changed the way people communicate. Text messages, social media platforms, and email facilitate instantaneous communication, but they can also create new avenues for abusive behavior. While traditional domestic violence offenses typically involve physical harm, threats, or intimidation committed in person, electronic domestic violence can include harassing text messages, threatening emails, or even posting harmful or identifying information about a victim on social media.

In California, domestic violence charges can apply to anyone who is or was in an intimate relationship with the alleged victim, including spouses, cohabitants, romantic partners, or the other parent of one’s child. Under California Family Code Section 6211 FC, domestic violence includes any form of abuse directed toward a spouse or former spouse, a cohabitant or former cohabitant, a person with whom the suspect has a child, or a person the suspect is dating or has dated in the past. Once technology is used to stalk, threaten, or harass such a person, the law often refers to these incidents as “domestic violence Internet crimes.”

What Are the Main Penal Code Sections for Online Domestic Violence?

Several Penal Code sections are particularly relevant to electronic acts that can be classified as domestic violence: California Penal Code Section 646.9 PC (Cyberstalking) California Penal Code Section 653.2 PC (Electronic Harassment) California Penal Code Section 647(j)(4) PC (Revenge Porn).

Each of these statutes can apply on its own, but when the alleged victim is someone the defendant has a domestic relationship with, the crime will be viewed as a domestic violence offense. This classification triggers additional sentencing requirements under California Penal Code Section 1203.097 PC, including mandatory counseling, protective orders, and possible fines.

California Penal Code Section 646.9 PC: Cyberstalking

Stalking involves harassing or threatening another person to the extent that they fear for their safety or the safety of their family. Under California Penal Code Section 646.9 PC, it is illegal to follow or harass another person and make a credible threat intended to place that person in reasonable fear. When this behavior occurs through electronic communications, such as email, text messages, or social media, it is commonly referred to as “cyberstalking.”

To be convicted of cyberstalking under Penal Code Section 646.9 PC, the prosecution must prove that: – The defendant willfully and maliciously harassed or followed another person. – The defendant made a credible threat against that person. – A reasonable person in the victim’s position would have feared for their safety or the safety of their immediate family as a result of the threat.

When the target of the cyberstalking is a spouse, former spouse, cohabitant, or someone with whom the defendant has or had a romantic relationship, the offense is considered an act of domestic violence. In these cases, courts will generally impose additional penalties such as a criminal protective order prohibiting any contact with the victim and mandatory participation in a 52-week batterers’ intervention program. These sentencing enhancements come from California Penal Code Section 1203.097 PC.

Jury Instructions for Cyberstalking (CALCRIM 1301 or Similar) Jury instructions for stalking typically require the prosecution to prove each element beyond a reasonable doubt. Though the precise numerical designation may vary depending on updates to the CALCRIM (California Criminal Jury Instructions), the key points remain:

• The defendant repeatedly harassed or followed someone.
• That the defendant made a credible threat.
• That the victim reasonably feared for their own or their family’s safety. When delivered in court, these instructions guide jurors in determining whether the defendant’s actions met the statutory requirements for stalking or cyberstalking.

California Penal Code Section 653.2 PC: Electronic Harassment

Penal Code Section 653.2 PC addresses a form of “indirect” harassment. This statute makes it illegal to post personal or identifying information about another person online with the intent to instigate or encourage others to harass or threaten that individual. For example, a defendant might post the victim’s home address, phone number, or workplace details on a public forum, urging others to deliver threats or harass the victim. To secure a conviction under Section 653.2 PC, the prosecution typically must prove:

• That the defendant intentionally posted or distributed identifying information about the victim.
• That the defendant intended to incite or encourage others to harass the victim.
• That a reasonable person would have felt harassed or fearful for their safety under these circumstances.

As with cyberstalking, if the person targeted is a spouse, former spouse, cohabitant, or someone who has or had a romantic relationship with the defendant, the offense falls under domestic violence. The additional requirements of California Penal Code Section 1203.097 PC can again apply, potentially meaning stricter sentencing and mandated domestic violence counseling.

Jury Instructions for Electronic Harassment (CALCRIM 2900 or Similar) California does not have a specific CALCRIM instruction titled “electronic harassment,” but general harassment or stalking-related instructions are often modified to encompass electronic methods. The jury must decide whether the defendant’s online or electronic actions meet the elements required for harassment, specifically that the defendant intended to cause harm or fear and that a reasonable person in the victim’s position would have felt harassed or threatened.

California Penal Code Section 647(j)(4) PC: Revenge Porn

Referred to legally as “nonconsensual pornography,” revenge porn under Section 647(j)(4) PC occurs when a defendant intentionally distributes intimate images or recordings of another person without their consent, and with the intent to cause emotional distress. Often, these images are shared out of anger or revenge following a breakup or other personal conflict.

Key elements the prosecution must prove include:

• That the defendant intentionally distributed an image or recording showing the intimate body parts or sexual acts of another person.
• The defendant knew or should have known the victim had a reasonable expectation of privacy regarding that material.
• That the defendant intended to cause the victim serious emotional distress.
• The victim suffered serious emotional distress as a result.

If the victim is someone who qualifies as a domestic partner or household member under Family Code Section 6211 FC, the revenge porn offense is considered domestic violence. Once again, the potential penalties can escalate, including mandatory sentencing terms like protective orders and mandatory attendance at a year-long batterers’ intervention course.

Jury Instructions for Revenge Porn (CALCRIM 1160 or Similar) Because revenge porn is a relatively new offense, prosecutors may rely on broadly applicable instructions regarding the nonconsensual recording or distribution of sexual images. Jurors must find that the defendant distributed the material with the requisite intent and that it caused actual distress. The state must also prove that the victim expected the content to remain private. 

Sentencing Considerations in Domestic Violence and Internet Crimes

The sentencing framework for domestic violence crimes in California is heavily influenced by Penal Code Section 1203.097 PC. When an offense is classified as domestic violence whether it involves stalking, harassment, revenge porn, or physical assault. The court typically imposes:

• A protective order (criminal stay-away order) preventing contact with the victim.
• Attendance in a minimum 52-week batterers’ intervention program.
• Mandatory fines, which can range up to several hundred dollars or more, plus additional penalty assessments.
• Possible jail time. Misdemeanor convictions may lead to up to one year in county jail, while felony convictions can result in multiple years in state prison.
• Probation conditions can include regular check-ins with a probation officer, restrictions on firearms possession, and additional counseling requirements.

Prosecutors often seek higher penalties in domestic violence cases because of the emphasis on protecting victims and preventing further harm. Aggravating factors such as prior convictions, the use of weapons, or significant injuries can lead to enhanced sentencing, including the possibility of a felony charge, even for what might initially appear to be a lower-level offense.

Additionally, a conviction for domestic violence, whether tied to Internet crimes or not, can have long-term collateral consequences. These can include difficulties in child custody proceedings, immigration repercussions for non-citizens, and possible professional licensing obstacles.

What Are Common Defenses Against Cyberstalking Charges?

Anyone facing a domestic violence Internet crime charge should remember that the prosecution must prove each element of the offense beyond a reasonable doubt. Various defenses may exist, depending on the circumstances of the case. Common defense strategies include:

• Lack of Intent: Arguing the defendant did not act maliciously, willfully, or with the specific intent to harass or cause distress.
• Insufficient Evidence: Demonstrating that the prosecution cannot establish that the defendant posted or sent harassing communications.
• Free Speech Protections: In some contexts, criticisms or complaints made online can be constitutionally protected speech under the First Amendment.

However, free speech protections do not apply when the defendant is making direct or credible threats.

• Consent: For charges related to revenge porn, the defendant might argue that the material was shared consensually, or that the victim did not have a reasonable expectation of privacy.

Jury instructions become critical when evaluating these defenses. If the court’s instructions to the jury are unclear or overbroad, it can significantly impact whether a jury finds the elements of the crime to be satisfied. Skilled defense counsel can argue for limiting or clarifying instructions that prevent jurors from penalizing constitutionally protected activity.

The Importance of Early Intervention By a Qualified Defense Attorney

It is crucial to seek immediate legal representation if you or someone you know is under investigation or has been arrested for a domestic violence Internet crime. Early intervention can be critical in achieving a favorable outcome—sometimes even before formal charges are filed. An experienced attorney will conduct a thorough investigation of the facts, gather electronic evidence (text messages, social media posts, metadata, etc.), identify weaknesses in the prosecution’s case, and negotiate with prosecutors to potentially reduce or dismiss charges.

Kraut Law Group Criminal & DUI Lawyers, led by former Deputy District Attorney Michael Kraut, understands how the prosecution builds cases and what strategies can successfully undermine their claims. With over 14 years of prosecutorial experience, Attorney Kraut has the knowledge and litigation skills to protect your rights from the earliest stages of the investigation.

How Kraut Law Group Criminal & DUI Lawyers Can Assist

At Kraut Law Group Criminal & DUI Lawyers, we take a proactive and aggressive approach to defending clients against domestic violence and Internet crime charges in Los Angeles. Our team works diligently to:

• Investigate the electronic evidence and determine whether the prosecution can truly establish every element of the alleged offense.
• Identify and preserve mitigating factors, such as the absence of prior criminal history or a genuine misunderstanding about the nature of the communications.
• Challenge potential constitutional or procedural violations, including unlawful searches of electronic devices, improper collection of social media evidence, or lack of a valid warrant.
• Advocate for reduced charges or alternative sentencing programs that avoid or minimize incarceration.
• Craft a comprehensive defense that emphasizes how each allegation may fail to meet the required legal standards.

If you have been accused of cyberstalking, electronic harassment, or revenge porn against a current or former spouse, partner, or cohabitant, our firm will guide you through the legal process to obtain the best possible resolution. We understand the stress and uncertainty these charges bring and are committed to helping you protect your reputation, family, and future.

Contact an Electronic Domestic Violence Attorney Today!

When you are facing allegations of domestic violence involving Internet or electronic communications, time is of the essence. Do not wait to secure legal counsel. Even if you have not yet been charged but suspect you are under investigation, contacting a knowledgeable attorney can make all the difference.

For more information about domestic violence and Internet crimes in Los Angeles, and to schedule a free and confidential consultation, reach out to Michael Kraut at Kraut Law Group Criminal & DUI Lawyers. Our office is conveniently located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. You can reach us 24/7 at 888-334-6344 or 323-464-6453.

Domestic violence crimes rooted in electronic communications are taken just as seriously as those involving physical assault. Whether you face charges of cyberstalking, electronic harassment, or revenge porn, it is critical to understand that a conviction can carry severe legal and personal consequences. By acting promptly and securing strong legal representation, you can safeguard your rights and work toward the most favorable outcome possible. Kraut Law Group Criminal & DUI Lawyers is here to help you navigate the legal process, challenge the evidence against you, and pursue a resolution that protects your future.