In today’s digital world, the line between online interaction and real-world consequences is becoming more blurred and more severe. A disagreement or miscommunication on social media can quickly turn into legal issues.
When facing online or cyber harassment charges in Nebraska, it is crucial to safeguard your rights. This guide will explain Nebraska’s online harassment laws, potential charges, penalties, and how a skilled criminal defense attorney can help you defend against these allegations.
The Basics of Nebraska’s Online Harassment Laws
Online harassment, also called cyber harassment, involves using the internet, social media, or other digital platforms to threaten, intimidate, or harm someone. In Nebraska, online harassment falls under broader stalking and harassment statutes. This includes sending abusive messages, posting false or harmful information, or consistently communicating with someone in a way that causes emotional distress or fear.
Online Harassment Definition
Under Neb. Rev. Stat. § 28-311.02, stalking laws cover in-person and electronic forms of harassment, including cyber harassment. It is illegal to intentionally harass or terrorize another person through a pattern of behavior, whether that behavior happens online or in person. This online harassment definition ensures that victims of internet harassment have a legal pathway to hold offenders accountable.
What Does Cyber Harassment Look Like?
Cyber harassment can take various forms. Common examples include:
- Sending repeated, unwanted messages through social media or email;
- Posting defamatory or false information online;
- Threatening harm or violence through digital platforms; and
- Encouraging others to harass or intimidate someone online.
Each of these acts can result in legal charges if the behavior causes significant emotional distress or puts the recipient in fear for their safety. Nebraska’s legal system recognizes that internet harassment can be just as harmful as traditional harassment, and the penalties reflect this understanding.
Can You Go to Jail for Online Harassment?
Many people wonder if you can go to jail for online harassment. In Nebraska, cyber harassment carries serious penalties. You could face misdemeanor charges if it’s a first-time offense without physical threats. These could result in up to a year in jail and fines as high as $1,000.
However, when the harassment involves threats or becomes part of a repeated pattern, it can escalate to felony charges. In those cases, a Class IV felony could land you in prison for up to two years, plus a $10,000 fine.
Don’t underestimate how seriously Nebraska’s courts treat internet harassment, especially when it harms someone’s mental, emotional, or physical well-being.
How Does the Prosecution Prove Online Harassment?
Nebraska courts require evidence of intent to harass. This could include messages, the frequency of contact, and whether the recipient felt a reasonable threat to their safety. Other forms of evidence used include:
- Screenshots or recordings of messages or social media posts;
- IP addresses that link the offender to the harassment;
- Testimony from witnesses who can verify the harassment pattern; and
- Emails or text records that show a repeated, deliberate effort to intimidate or harass.
This documentation can help build a strong case, increase the likelihood of showing a lack of intent, and lead to dismissed or reduced charges.
What to Do If You Are Facing Cyber Harassment Charges
Being accused of internet harassment is a serious matter. Even if the allegations are false or exaggerated, you must take immediate action to protect your rights. Here are four crucial steps to follow.
Consult an Experienced Criminal Defense Attorney
You need strong legal representation to handle criminal charges related to online harassment. An attorney experienced in Nebraska’s cyber harassment laws will help you navigate the legal system, assess the strength of the evidence, and build a solid defense.
Do Not Engage with the Accuser
You might feel the need to explain your side but avoid direct contact with the accuser. Let your attorney handle the situation to avoid making it worse.
Preserve All Evidence
Keep a detailed record of all interactions related to the accusations, including messages, emails, and social media posts. This evidence may support your defense and demonstrate that you were not harassing or acting unlawfully.
Follow Legal Advice and Court Orders
If a harassment protection order has been issued, follow it to the letter. Violating these orders, even accidentally, can lead to additional criminal charges and hurt your case.
How Petersen Criminal Defense Law Can Defend You
Petersen Criminal Defense Law has significant experience defending individuals accused of online harassment throughout Nebraska. Our knowledgeable lawyers will investigate thoroughly, challenge questionable evidence, and create a customized defense strategy for your case. Whether it’s proving a misunderstanding or demonstrating that the allegations are unfounded, we are committed to defending your rights.
Don’t leave your future to chance. Contact us today for a confidential consultation and start building your defense.
Resources:
- Nebraska Revised Statute 28-311.09, link
- Nebraska Revised Statute 28-106, link
- Jury Convicts Nebraska Man of Cyberstalking, US Justice Department, link
- Protection Orders, Nebraska State Patrol, link
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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