Date: 03-24-2023

Case Style:

United States of America v. Anthony Elonis

Case Number:

Judge: Edward G. Smith

Court: United States District Court for the Middle District of Pennsylvania (Lackawanna County)

Plaintiff's Attorney: United States Attorney’s Office in Scranton

Defendant's Attorney:

Description: Scranton, Pennsylvania criminal defense lawyer represented Defendant charged with cyberstalking.

Anthony Elonis, age 39, formerly of Bethlehem, Pennsylvania, was accused of cyberstalking involving three separate victims, including a government employee in the Eastern District of Pennsylvania, Elonis’ former girlfriend, and Elonis’ ex-wife. Between 2018 and 2021, Elonis sent numerous threatening, harassing and intimidating emails directly to the governmental employee, and sent or posted numerous threatening, harassing and intimidating communications via Twitter, text message, voice mail or other form of electronic communication regarding the governmental employee, his former girlfriend, and his ex-wife.

The charges resulted from an investigation conducted by the Federal Bureau of Investigation, Allentown Office. Assistant U.S. Attorneys Robert J. O’Hara and Geoffrey MacArthur prosecuted the case.

18 U.S.C. 2261 provides:

Whoever—
(1) travels in interstate or foreign commerce or is present within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel or presence engages in conduct that—

(A) places that person in reasonable fear of the death of, or serious bodily injury to—

(i) that person;

(ii) an immediate family member (as defined in section 115) of that person;

(iii) a spouse or intimate partner of that person; or

(iv) the pet, service animal, emotional support animal, or horse of that person; or

(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of subparagraph (A); or
(2) with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a course of conduct that—

(A) places that person in reasonable fear of the death of or serious bodily injury to a person, a pet, a service animal, an emotional support animal, or a horse described in clause (i), (ii), (iii), or (iv) of paragraph (1)(A); or

(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of paragraph (1)(A),

shall be punished as provided in section 2261(b) or section 2261B, as the case may be.

Outcome: Defendant was sentenced to 151 months in prison.

Plaintiff's Experts:

Defendant's Experts:

Comments: