Description:

Tulsa, Oklahoma criminal defense lawyer represented the Defendant charged with cyberstalking in violation of 18 U.S.C.2261, which provides:

(a) Offenses.—
(1) Travel or conduct of offender.—
A person who travels in interstate or foreign commerce or enters or leaves Indian country or is present within the special maritime and territorial jurisdiction of the United States with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner, and who, in the course of or as a result of such travel or presence, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b).
(2) Causing travel of victim.—
A person who causes a spouse, intimate partner, or dating partner to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and who, in the course of, as a result of, or to facilitate such conduct or travel, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b).
(b) Penalties.—A person who violates this section or section 2261A shall be fined under this title, imprisoned—
(1) for life or any term of years, if death of the victim results;
(2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the victim results;
(3) for not more than 10 years, if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense;
(4) as provided for the applicable conduct under chapter 109A if the offense would constitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and
(5) for not more than 5 years, in any other case,
or both fined and imprisoned.
(6) Whoever commits the crime of stalking in violation of a temporary or permanent civil or criminal injunction, restraining order, no-contact order, or other order described in section 2266 of title 18, United States Code, shall be punished by imprisonment for not less than 1 year.

The following charged were dismissed:

18 USC 1151, 1152, and 1201(a)(2): Kidnapping in Indian Country
(1) Dismissed at Sentencing
18 USC 1151, 1152, and 113(a)(4): Assault by Striking, Beating, and Wounding in Indian Country
(2) Dismissed at Sentencing
18 USC 1512(a)(2)(C): Witness Tampering by the Use and Threat of Physical Force
(3) Dismissed at Sentencing
18 USC 1512(k) and 1512(b): Conspiracy to Tamper with a Witness and Victim
(4) Dismissed at Sentencing

Outcome: The Defendant was sentenced to 60 months in prison, followed by three years of supervised release, and was assessed $100.

Plaintiff's Experts:

Defendant's Experts:

Comments: