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Date: 07-28-2021
Case Style:
Case Number: 3:20-cr-00052-JAJ-SBJ
Judge:
Court: United States District Court for the Southern District of Iowa (Scott County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney:
Description: Davenport, Iowa criminal defense lawyer represented Defendant charged with cyberstalking.
Austin Michael Kiler, from La Port City, Iowa, was indicted for Cyberstalking.
Austin Michael Kiler, age 24, was in a relationship with an identified victim between the winter of 2018 and March 2019. After their relationship ended, the victim began dating another person. Kiler then electronically and physically followed the victim and the new partner. As a result, the victim obtained a civil protective order against Kiler. Over the next nine months the victim reported to the police multiple instances in which Kiler had been stalking them—which included Kiler driving by the victim’s known residence, Kiler driving by the new partner’s residence, numerous fake dating/social media accounts that continuously contacted the victim and the new partner, and contact with the victim through spoofed text messages. One of the text messages the victim received contained information leading them to believe Kiler had been watching them through the windows of their home.
Evidence on Kiler’s electronic devices revealed calendar events regarding the whereabouts of the victim, screenshots of the victim and the new partner’s dating/social media profiles, evidence of Kiler having created fake online personas, as well as videos and photos— taken through a window—of the victim and the new partner engaged in sexual activities. Geolocation data from Kiler’s accounts corroborated nearly all the victim’s reported sightings of Kiler.
Acting United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Iowa City Police Department investigated the case.
Stalking (18 USC 2261A) - 18:2261A(2)(B), 2261(b)(5), 2261(b)(6); Cyberstalking
Whoever—
(1) travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, 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 places that person in reasonable fear of the death of, or serious bodily injury to, or causes substantial emotional distress to that person, a member of the immediate family (as defined in section 115) of that person, or the spouse or intimate partner of that person; or
(2) with the intent—
(A) to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate, or cause substantial emotional distress to a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or
(B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the death of, or serious bodily injury to—
(i) that person;
(ii) a member of the immediate family (as defined in section 115 1 of that person; or
(iii) a spouse or intimate partner of that person;
uses the mail, any interactive computer service, or any facility of interstate or foreign commerce to engage in a course of conduct that causes substantial emotional distress to that person or places that person in reasonable fear of the death of, or serious bodily injury to, any of the persons described in clauses (i) through (iii) of subparagraph (B); 2
(1s)
Outcome: Defendant is sentenced to the custody of the BOP for a term of 21 months on count 1s of the superseding indictment. 2 years supervised release to follow. $100 Special Assessment.
Plaintiff's Experts:
Defendant's Experts:
Comments: