Description: Gulfport, Mississippi criminal defense lawyer represented the Defendant charged with cyberstalking in violation of 18 U.S.C.§ 2261A(2)(B).

The First Amendment protects speech that provokes, disturbs, or even offends. That is, after all, “the theory of our Constitution.”1 But speech that threatens real harm crosses a different line.

Jubert was charged with one count of cyberstalking under 18 U.S.C. § 2261A(2)(B) and one count of transmitting a threatening communication in interstate commerce. The charges stemmed from a monthslong online campaign during which Jubert threatened, harassed, and intimidated the victim—referred to here as M.R.—as well as M.R.’s wife and their two minor daughters.

Regarding § 2261A(2)(B), Congress enacted it in 2006 and expanded it in 2013. Under the statute:
1. The defendant must use “the mail, any interactive computer service or electronic communication service or electronic
communication system of interstate commerce, or any other facility of interstate or foreign commerce” at least twice. 18
U.S.C. § 2261A(2); see also id. § 2266(2). 2. He must have acted “with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person.” Id. § 2261A(2). 3. Finally, he must “engage in a course of conduct that . . . causes, attempts to cause or . . . would be reasonably expected
to cause substantial emotional distress.” § 2261A(2)(B).

Outcome: Jubert thereafter pleaded guilty to the cyberstalking charge, reserving his right to appeal the denial of his motion to dismiss. The district court sentenced him to 27 months’ imprisonment followed by three years of supervised release. Jubert filed a timely notice of appeal.

Affirmed

Plaintiff's Experts:

Defendant's Experts:

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