A string of angry texts, a post naming someone online, or a message sent in the heat of an argument can lead to criminal charges in California. There is no single “cyber harassment” law. Instead, prosecutors choose from several statutes depending on what was sent, how often, and whether it contained a threat. Some are misdemeanors carrying up to six months in jail, while others can be filed as felonies with state prison exposure.
If you are under investigation or have been charged with online harassment, call The Law Offices of Arash Hashemi at (310) 448-1529 for a free consultation with an experienced Los Angeles criminal defense attorney to discuss your case and explore your options for protecting your record and your future.
California Cyber Harassment Laws and Penalties
These are the statutes Los Angeles prosecutors most often use for online and electronic conduct:
| Charge | What It Covers | Maximum Penalty |
|---|---|---|
| Penal Code 653m | Obscene or threatening messages, or repeated messages meant to annoy or harass | Misdemeanor: 6 months jail, $1,000 fine |
| Penal Code 653.2 | Posting someone’s personal information or messages online to get others to harass or harm them | Misdemeanor: 1 year jail, $1,000 fine |
| Penal Code 646.9 | Cyberstalking: repeated harassment plus a credible threat | Wobbler: up to 3 years in prison (4 years if a restraining order was in place) |
| Penal Code 422 | Criminal threats made by text, email, or social media | Wobbler: up to 3 years in prison and a strike |
| Penal Code 647(j)(4) | Sharing intimate images without consent (“revenge porn”), including AI-generated images | Misdemeanor: 6 months jail, $1,000 fine for a first offense |
| Penal Code 528.5 | Impersonating someone online to harm, threaten, or defraud them | Misdemeanor: 1 year jail, $1,000 fine |
A judge can also issue a criminal protective order. In stalking cases, it can last up to 10 years.
Harassing Messages Under Penal Code 653m
PC 653m is the most common charge for unwanted texts, DMs, and emails. It covers two types of conduct:
- Obscene or threatening messages: Sending a message with obscene language or a threat to injure someone or their property, with the intent to annoy
- Repeated contact: Repeatedly calling, texting, or messaging someone with the intent to annoy or harass them
This charge often comes up after breakups and family disputes, especially when one person has asked the other to stop contacting them. Context matters. Messages about a legitimate issue, such as child custody or a business dispute, are usually not criminal.
Doxxing and Online Incitement Under Penal Code 653.2
PC 653.2 is California’s electronic harassment law. It applies when someone posts another person’s personal information, such as their address, phone number, or photos, with the intent to place them in fear and get others to harass, contact, or harm them. Creating a fake dating profile or social media post that sends strangers to someone’s home can fall under this law.
Cyberstalking and Online Threats
Cyberstalking (PC 646.9) requires more than repeated messages. The prosecutor must prove you willfully and maliciously harassed someone and made a credible threat that placed them in reasonable fear for their safety or their family’s safety. California’s stalking law specifically includes threats made through electronic devices.
Criminal threats (PC 422) apply to a single message threatening death or great bodily injury that causes the person to be in sustained fear. A felony conviction counts as a strike under California’s Three Strikes law.
In 2023, the U.S. Supreme Court ruled in Counterman v. Colorado that prosecutors must show the speaker at least recklessly disregarded the risk that their words would be seen as threatening. Messages that were clearly jokes, exaggeration, or venting may not meet that standard.
Revenge Porn and AI Deepfakes Under Penal Code 647(j)(4)
It is a crime in California to intentionally share an intimate image of another person when you know they expected it to stay private and the sharing causes them serious emotional distress. Since January 1, 2025, under SB 926, this law also covers AI-generated or digitally altered intimate images of an identifiable person, often called deepfakes. Penalties increase for repeat offenses or when the victim is a minor.
Defenses to Cyber Harassment Charges
Digital cases often look stronger on paper than they are. Common defenses include:
- You did not send it: Screenshots and account names do not prove who was typing. Fake accounts, shared devices, and hacked profiles are common, and the prosecution must prove you sent the messages. Digital forensic experts can review IP data, device records, and account activity.
- Protected speech: Rude, offensive, or critical comments are generally protected by the First Amendment. Harassment laws require a specific intent to annoy, harass, or threaten.
- No credible threat: For stalking and criminal threats charges, a statement taken out of context, made as a joke, or that no reasonable person would take seriously does not meet the legal standard.
- Missing context: Screenshots often leave out the other side of the conversation. Full message histories can show mutual arguing, consent to contact, or that the accuser started the exchange.
Related Resources
- Stalking – California Penal Code 646.9
- Criminal Threats – California Penal Code 422
- Los Angeles Restraining Order Attorney
- Los Angeles Internet Crime Lawyer
- When Is Sexting Illegal in California?
Speak With a Los Angeles Criminal Defense Attorney
A cyber harassment charge can affect your job, your education, and your ability to see your children, especially when a protective order is involved. These cases depend on digital evidence, and preserving it early can make all the difference.
Attorney Arash Hashemi brings over 20 years of criminal defense experience in Los Angeles. We will review every message in context, work with forensic experts when identity is in question, and fight to get the charges reduced or dismissed.
Call The Law Offices of Arash Hashemi today at (310) 448-1529 or schedule a free consultation online. Our office is located at 11845 W Olympic Blvd #520, Los Angeles, CA 90064.
Frequently Asked Questions
Can you be arrested for trolling someone online in California?
Rude or offensive comments are generally protected speech. Trolling becomes a crime when you repeatedly target a specific person with the intent to harass them, post their personal information to incite others, or make a credible threat.
Is texting an ex repeatedly a crime in California?
It can be. If someone has told you to stop and you keep sending messages with the intent to annoy or harass, you can be charged under Penal Code 653m. If there is a restraining order, any contact may also be a violation of that order.
What should I do if I am falsely accused of cyber harassment?
Do not contact the accuser to explain yourself, since that contact can be used against you. Save all of your messages and account activity exactly as they are, and speak with a defense attorney before talking to the police.
Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.
