People use Craigslist for many different reasons. Just a few months ago, I was able to get rid of a desk by posting it for free on Craigslist. It was out of the office within an hour. It really can be a handy tool. It can also create sticky situations for people who choose to use it in unintended ways. One woman found a “creative” way to use Craigslist and it landed her with Stalking charges. According to the news report, the woman posted a raunchy ad using another woman’s picture and contact information. The purpose of the ad was to solicit sex. When the featured woman started getting calls, emails and photos from men requesting to meet her, she knew something was wrong. She was able to search Craigslist and find the ad, which led her to call the police. The police traced the ad to the woman the victim named as a possible suspect. She was arrested and charged with Stalking.
Stalking in Weld County
The Colorado law definition of Stalking – C.R.S. 18-3-602 – is:
(a) Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship; or
(b) Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or
(c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.
In Weld, Morgan, and Logan County, the DA would have to prove that the woman who posted the ad not only caused emotional distress, but repeatedly contacted or communicated with the woman or made a credible threat. It’s unknown what the exact circumstances are surrounding the Stalking charge, but the alleged victim was contacted repeatedly by the men – all form the invitation given by the accused. This is the reason the law above uses the words ‘directly or indirectly.’ If you get another person to take steps to violate this law (repeated contacts), you can be held responsible as if it were your own conduct.
Have you been charged with Stalking? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Stalking? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Sentence for Craigslist Stalking in Erie and Evans
As a class 5 felony and extraordinary risk crime, Stalking is punishable by 1 to 4 years in the Colorado Department of Corrections, as long as it is a first offense in Greeley, Windsor, or Berthoud. It becomes a class 4 felony with the extraordinary risk crime enhancer when it is a second or subsequent offense that occurred within 7 years of the prior offense. Like many of the Colorado statutes, vital terms in the Stalking definition are just vague enough to allow this crime to be charged easily. All a person has to do is claim they felt ‘emotional distress,’ which does not need to be verified by a doctor or mental health professional. This makes it easy for an ex-girlfriend or estranged husband to get revenge, unconcerned with the severity of this charge.
If you or someone you love has been charged with Stalking, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule your free consultation. Together, we can protect your future.
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