Have you ever played an elaborate joke that you thought was harmless? If it was or is over the internet and involves a lack of consent from the person, you may be charged with cyberstalking or cyberharassment. Cyberstalking can be defined as unwanted attention or behaviors toward someone on the internet or any other media via computer technology. Some other possible means of cyberstalking or cyber harassment are through email, chat rooms, and discussion boards and can be displayed in forms of suggestive emails, spamming, chat, viruses, or following the person electronically. Many different states have initiated laws condemning both cyberstalking and cyberharassment. The penalties differ according to how the cyberstalking was done.

If you have been accused of cyberstalking and someone you know has sent you a message that was clearly written telling you to stop talking to them or sending something offensive to them, it is important that you respect their wishes and that you immediately stop sending it. If you persist in contacting them, upon instructions of credible internet sites, they may have saved or documented your conversations or attempts at contact which could be easily handed over to the authorities. Even if there is no physical contact, there can still be harmful mental effects upon the person; the National Center for Victims of Crime gives a potential list of behaviors that can be produced from cyberstalking or cyberharassment:

• Disturbed sleeping / eating patterns;
• Anxiety;
• Feelings of helplessness;
• Shock; and
• Hyper vigilance

According to the National Conference of State Legislatures, the punishment for cyberstalking can end up in a misdemeanor or a felony. It is alleged that out of the three levels of danger through the internet, cyberharassment is one of the most hazardous types. Cyberharassment, on the other hand, is not as dangerous as cyberstalking and is generally not taken as seriously; the National Conference of State Legislatures reports that it is usually done to specifically target a person. Due to cyberbullying, states have also addressed this type of harassment via laws. Cyberbullying is similar to cyberharassment with one important difference: cyberbullying is the term for internet harassment towards minors. Among the National Conference of State Legislatures' many resources, there is a list of each state alphabetically posted with their laws for cyberstalking, cyberharassment, and cyberbullying.

In California, the Penal Code 646.9 states that anyone who stalks someone with the intent to maliciously hurt that person would get up to year in prison and a fine of up to $1000 dollars. In Clause H, it says that this may also be initiated through electronic communication devices as well as phones (including cell phones), fax machines, pagers, or video recorders. In Texas, for cyberharassment charges, you must create a page or commercial social networking site with another person's name or identification. According to Sections 1 and 2, this is illegal only if the person has not given permission to the other or if the page is made specifically to threaten, hurt, coerce, or extort the person.

Also in Texas, according to Section 3, if this action has been committed, the penalty is a third degree felony. In Section b of 33.07 of the Texas Penal Code, it also reports that should a person be convicted of sending an e-mail, text message, instant message or any other form of communication referencing a name, phone number, or pertinent information without the person's knowledge or consent is subject to a class A misdemeanor. In order for the charge to be valid, the person using the other's name must express the intention of causing another person to believe that it was the name of the legitimate person. It is a felony of the third degree if the person has the intention of trying to get in touch with those in emergency services. Therefore, if this sounds like activity that you have done or are doing, make sure to stop as soon as possible as you could find yourself faced with criminal charges of cyberstalking or cyberharassment.