Virginia's harassment by computer statute is one of the most broadly written criminal statutes in the Commonwealth. A single text message, email, or social media post can result in criminal charges. These cases frequently involve disputed facts, First Amendment issues, and complex questions about online communication. D.J. Rivera provides aggressive, technically informed defense.
Virginia Code § 18.2-152.7:1 — Harassment by Computer
If any person, with the intent to coerce, intimidate, or harass any person, shall use a computer or computer network to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act, he is guilty of a Class 1 misdemeanor.
Virginia's harassment by computer statute is intentionally broad. It covers any electronic communication — email, text message, social media post, direct message, online forum post, or any other computer-mediated communication — that uses language the prosecution characterizes as obscene, vulgar, profane, lewd, lascivious, or indecent, or that makes a suggestion of an obscene nature or threatens an illegal or immoral act.
The statute's breadth creates significant First Amendment concerns. Courts have consistently held that the government cannot criminalize speech merely because it is offensive or unpleasant. The intent element — requiring proof of intent to coerce, intimidate, or harass — is the primary constitutional safeguard, and it is also the primary defense in most harassment by computer prosecutions.
| Offense | Classification | Maximum Penalty |
|---|---|---|
| Harassment by Computer (first offense) | Class 1 Misdemeanor | Up to 12 months / $2,500 fine |
| Repeat offense or aggravating factors | Enhanced Misdemeanor / Possible Felony | Enhanced penalties |
| If charged with stalking (§ 18.2-60.3) | Class 1 Misdemeanor / Class 6 Felony | Up to 5 years (felony) |
| Federal cyberstalking (18 U.S.C. § 2261A) | Federal Felony | Up to 5 years federal prison |
Important: Harassment by computer charges are frequently accompanied by protective orders, which can restrict your ability to communicate with certain people and go to certain places. Violating a protective order is a separate criminal offense. Contact D.J. Rivera immediately if you have been served with a protective order.
The First Amendment protects a broad range of speech, including speech that is offensive, vulgar, or unpleasant. The government cannot criminalize speech merely because the recipient found it distressing. D.J. Rivera challenges harassment by computer charges on First Amendment grounds where the alleged communication constitutes protected expression rather than a true threat or targeted harassment campaign.
The statute requires proof of specific intent — the intent to coerce, intimidate, or harass. Venting frustration, expressing anger, or engaging in heated argument does not constitute harassment by computer unless the defendant specifically intended to coerce, intimidate, or harass the recipient. D.J. Rivera develops evidence of the defendant's actual purpose and the context of the communication to challenge the intent element.
The prosecution must prove that the defendant was the person who sent the alleged harassing communication. In many cases, the evidence of attribution is weaker than it appears — accounts can be shared, hacked, or impersonated. D.J. Rivera scrutinizes the technical evidence used to attribute the communication to the defendant, including IP address logs, device forensics, and account authentication records.
The meaning and impact of a communication cannot be assessed in isolation — it must be understood in the context of the relationship between the parties and the history of their communications. A statement that appears threatening out of context may be clearly hyperbolic or figurative when the full context is presented. D.J. Rivera develops a complete factual record of the parties' relationship and communication history to provide the court with the full context.
Harassment by computer cases depend heavily on digital evidence — screenshots, metadata, IP logs, and device forensics. D.J. Rivera's cybersecurity credentials allow him to challenge the authenticity and attribution of this evidence at a technical level that most defense attorneys cannot match. He understands how digital communications are routed, stored, and authenticated, and he knows how to identify weaknesses in the prosecution's technical case.
D.J. Rivera is available 24/7 for a free, confidential consultation.
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