cyberstalking laws by state
to prosecute a 50-year-old former security guard who pleaded guilty on April Problem]. See 18 U.S.C. Over the last few decades, states also have realized the necessity to pass laws concerning stalking by electronic means to protect their citizens. This guy is a predator, and he targeted her from the first time they met. Although cyberstalking is not explicitly mentioned in New York law as it currently exists, it can be argued . Overbreadth K.M.S.-M. says the cyberstalking statute under former RCW 9.61.260(1)(a) (2004)2 is unconstitutionally overbroad. During the course of the investigation, Petrowski discovered that other victims had filed similar complaints with local police. Cyberstalking behaviors may include tracking down someones personal and private information and using it to make them afraid, texting them hundreds of times a day to let them know you are watching them, creeping on their social media accounts to learn where they are so you can show up there uninvited, or posting about them incessantly and without their permission [10]. (8 U.S.C. Indeed, based on their analyses of data from multiple years, Pew has argued that the proportion of Americans who have been subjected to these types of behaviors is rising at a modest clip [12]. Cyberstalking Laws . by up to five years in prison and a fine of up to $250,000, to transmit any Anya Kamenetz Cyberstalking in conjunction with a credible threat is also considered aggravated stalking. Section 646.9 of the California Penal Code (entitled Stalking) provides in part that: Any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking. California law states that a credible threat can be verbal or written, including that performed through the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent to place the person that is the target of the threat in reasonable fear for his or her safety or the safety of his or her family, and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family. This crime is punishable by up to one year in jail, or by a fine of $1,000, or by both. Indeed, it is difficult to conceptually differentiate between the two because of their undeniable overlap given the explosion of social media and 24/7 connectivity and the reality that stalkers would naturally extend their reach through online means [15]. Hello Dr. Hinduja Under federal law, cyberstalking occurs when any of the above methods are used to engage in two or more acts against a person that would make the individual fear death . The request may even appear to be from a known friend or family member. Published: Feb. 27, 2023 at 11:05 AM PST. With some social networking sites, you may be able to make your profile completely private simply by checking a box. If you are charged with felony stalking and found guilty, you can be sentenced to two, three, or five years in a state penitentiary. An example would be an estranged spouse or romantic partner showing up at the other persons home or business repeatedly in a way that causes anxiety. 20082021 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. Theyre hurting. thank you for your excellent article. In the United States, cyberstalking is prohibited on both the state and federal law levels. It is a form of cyber extortion. The bank complied with the victims request, but urged her to speak to police about the obvious coercion. Defenses to these charges can involve your right to free speech being infringed upon or citing the unfounded nature of such claims. They uncovered photos and were able to document that Latigo accessed social media sites from the machines. Generally, the harasser must intend that their statements be perceived by the victim as a credible threateven if the harasser never intended to carry out that threat. have anti-stalking laws that explicitly cover stalking via the internet. https://margethelarge.files.wordpress.com/2017/05/restraining-order.jpg?w=1038&h=576&crop=1 another person. other injunctive relief, where a court can compel a harasser to do or not do something, such as remove content they have posted online that is defamatory. Many state laws that are focused on offline stalking and harassment have been amended to include language addressing the use of electronic forms of communication to perpetrate online harassment. But despite . In the past few years, cyberstalking has become a serious problem for many people. This Field Manual outlines the types of laws to look out for and potentially leverage (rather than detailing the laws in each state). Both state and federal laws prohibit cyberstalking. 50), Eavesdropping: If non-consensually published material was originally obtained by the perpetrators intercepting an electronic communication, he may be criminally and civilly liable. It can be carried out in a number of ways, many of which involve technology and online spaces. The common denominator is that the behavior makes the target extremely concerned for their personal safety and causes some form of distress, fear, or annoyance. all 50 states and the District of Columbia have enacted stalking laws. makes it a federal crime, punishable by up to two years in prison, to use And if a defendant is convicted of cyberstalking causing the death of a victim, that defendant could be sentenced to up to life in prison. Efforts] [First Therefore, if someone gets your password he or she will not be able to log in to the account without the specific code that the service sends to your device. Cyberstalking and Law Enforcement. Law enforcers are sometimes more likely to help if the person being harassed is a public figure. For example, there is a difference between constant contact against someones objections and occasionally checking on someone. Read its guide for stalking victims on the Stalking Resource Center page. A convicted defendant may also be assessed a fine up to $250,000. Cyberstalking and cyber harassment are interconnected but distinct: Many states dont have specific criminal laws that differentiate online and offline conduct. (a) As used in this subdivision, the following terms have the meanings given: (1) "family or household members" has the meaning given in section 518B.01, subdivision 2, paragraph (b); (2) "personal information" has the meaning given in section 617.261, subdivision 7, paragraph (f); (3) "sexual act" has the meaning given in section 617.261, subdivision 7, paragraph . Most states have laws addressing at least some aspects of cyber harassment, whether related to improper use of devices (illegal hacking and surveillance, for example) or harassing behaviors (such as cyberstalking and the distribution of nonconsensual intimate imagery). Although (California Penal Code 653.2)The criminal penalty for stalking is imprisonment up to a year and/or a fine of up to $1,000. Interstate Stalking: Section 2261A(1) makes it a federal crime to travel across state, tribal or international lines to stalk another person with "the intent to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate another person." Many victims of cyberstalking dont know the identity of the stalkers. The behavior patterns associated with stalking are different from sexual harassment; a civil offense dealt with differently under the law. It is also helpful to use a passcode or password for all device screens to keep others from seeing any content notes, pictures, videos, account data, etc. Even if a harassers conduct does not result in criminal prosecution, targets of online abuse may be able to pursue a civil cause of action against the abusive individual by suing them in civil court for tort claims, in which a plaintiff seeks monetary or injunctive relief from those who have caused them injury or harm (injunctive relief means the court is compelling the harasser to do or not do something). Copyright PEN America 2023 - All Rights Reserved, Protecting from Hacking and Impersonation, Navigating Comments Sections & Message Boards, Dealing with Harassing Emails & Direct Messages, Guidelines for Safely Practicing Counterspeech, Legal Resources for Writers & Journalists, Guidelines for Talking to Friends and Allies, Guidelines for Talking to Employers about Abuse, Online Harassment as Free Expression Issue, laws related to nonconsensual intimate imagery. Section 2261A, the requirement that the stalker physically travel across state She responded by helping him with his problems. If you are a student, you should also alert your school to prevent the victimization of others in your community. In order for cyber harassment or cyberstalking to be punishable as a criminal offense, it must cause the victim disturbance, substantial emotional distress, or place the victim in reasonable fear of death or serious bodily injury, or in fear that the same thing might happen to a member of their immediate family or an intimate partner. While most states have laws covering at least some aspects of online abuse, what these laws cover and how they are interpreted by the courts varies widely. 875), Office for Victims of Crime (U.S. Department of Justice), National Network to End Domestic Violence, First Name (optional)Last Name (optional)Email, Except where otherwise noted, content on this website is licensed under aCreative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0) license. If you are the subject of interest in a federal investigation or have been served with a target letter, you need help now. Stalking offenses in all states either constitute serious misdemeanors or felonies. The harm they caused their victims, however, may never be undone. In Texas, stalking is either a third-degree felony or second-degree if its a repeated offense. Cyberstalking is a term that refers to the misuse of the Internet or other technology to stalk and harass someone. Examples of a pattern include contacting the other party through phone, email, social media or other forms of communicationor physical actions, such as following someone. This American Life, Dealing with cyberbullying What would a feminist do? Also, it is not clear that it would apply Any conduct that could be construed as placing a victim in fear of imminent harm or death, or causing the victim severe emotional distress could be an arrestable offense under the statute. PEN America is deeply grateful to Covington & Burling LLP and C.A. To block your phone number for any call, dial *67 before making a call. The Guardian, The Outrage Machine Even if your state does not have a criminal law specifically against "cyberstalking," in most states, the act of repeatedly contacting or harassing a person through the Internet or other technology is still considered a crime under the state's stalking or harassment laws. Members of Houstons Innocent Images Task Forcewhich investigates child pornographyhelped search Latigos electronics. The statute, 18 U.S.C. If you are being harassed online because of something you published, posted, or createdor you are being targeted because you are a public figurecriminal law may protect you. Stalkers can use the anonymity of the Internet to commit their crimes. 2261A (2). This is tricky when victims and defendants live in different states. In most states, civil claims in this area must be brought under the more common torts listed above. Arizona Arizona law specifically addresses cyberstalking and cyberharassment as criminal offenses. I am a middle school student, and I am doing an argument essay on cyberstalking. The law was amended in 2013 to include stalking by the Internet or by telephone and no longer requires that the perpetrator and victim live in different legal jurisdictions. The bank refused to handle the transaction. See 47 U.S.C. Outright threats occur when someone claims that the stalker threatened them with violence or death, or threatens a loved one or a pet. As for the state level, in 1999 California became the first state to develop a law specifically addressing cyberstalking. free app called DocuSafe that you can download on your phone. According to Florida Statute 784.048 (3), "A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084." "Credible threat," Agents also served search warrants, seizing computer equipment from his home. More information about the process of seeking a restraining order can be found here. Is there an agency or company that can address her issues? Three major federal laws apply to cyberstalking: the Interstate Communications Act; the Telephone Harassment Act, as amended by the 2000 Violence Against Women Act (VAWA); and the Interstate Stalking and Prevention Act, as amended by VAWA. FOR IMMEDIATE RELEASE Tuesday, February 16, 2021 Tulsa Man Sentenced for Cyberstalking A Tulsa man was sentenced this morning in federal court after he violated a protective order by sending harassing and threatening emails and messages to a female victim, announced U.S. Attorney Trent Shores. Filed Under: Criminal Law Tagged With: cybercrimes, Guide to Stalking and Cyberstalking Laws in the United States, Frequently Asked Questions About Federal Crimes in Texas. Surprisingly, cyberstalking rarely occurs by a stranger (although we do hear about those cases when they involve celebrities and rabid fans), and most often is carried out by a person the target knows intimately or professionally. to combat cyberstalking. The information relating to persons who receive notice must be kept confidential and not released to the convicted stalker. And that is absolutely what they should do. Posts may also be lewd or controversial and result in the victim receiving numerous emails, calls or visits from people who read the post online. This website was made possible with support from the New York Community Trust and Craig Newmark Philanthropies. Please always remember that it is not primarily strangers, but people you know (such as an ex, as mentioned above), and who you may previously have trusted, who are most likely to cyberstalk you. and change it now if someone else knows it!). 875 are evident from the dismissal of the Baker case. Also check online people databases like Zabasearch, Spokeo, Pipl, Wink, and PeekYou, as well as social media sites like Facebook, Twitter, and LinkedIn. Verify with your friends and family members that they own the account before accepting the request. A primary factor has to do with instant gratification. I realize she will need specific proof such as messages sent, possible IP addresses and so forth. NNEDV is a 501(3) non-profit organization; EIN 52-1973408. Bocij P., McFarlane L. (2002). However, an important variation among these laws is whether they broadly criminalize any nonconsensual dissemination of private sexual images or whether they also specify that the perpetrator must have intent to harm the victim. . The victim does not have to prove that the stalker had the intent to carry out the threat. NPR, The Price Ive Paid for Opposing Donald Trump justice.gov/usao-mdfl/pr/valrico-man-charged-cyberstalking. A friend of mine lives here in the US but her stalker is in Canada. Martin pleaded guilty to one count of cyberstalking in October 2017. What primary or secondary role should they play, and how should they work with Internet or cell phone companies, or social media sites, in order to obtain the digital evidence necessary to build out a case? Posting messages to online bulletin boards and discussion groups with the victims personal information, such as home address, phone number or Social Security number. Understanding the Alternatives to Foreclosure. He was just harassing this lady, causing severe emotional distress. The statute speaks to physical stalking and cyberstalking of a potential victim, that victims family, spouse, partner or pets. For instance, one common provision allows the nonconsensual distribution of a persons intimate imagery if the release is in the public interest. This potentially grants less protection for public figures, such as politicians and celebrities. Section 875(c) applies to any communication actually NCSL staff are prepared to visit your state to work with legislators and staff on almost any public policy issue or issue related to the management of a legislature. You can also report cyberstalking through our Report Cyberbullying page, since the organizations we have listed are keen on prohibiting all forms of victimization that might occur on their platforms. (California Penal Code 646.9), Californias criminal laws addressing online harassment state that it is illegal to use an electronic communication device to make repeated contact with another person with the intent to harass or annoy, or to make a single intentionally harassing contact if it includes any obscene or threatening language. Most of the time, those who cyberstalk use social media, Internet databases, search engines, and other online resources to intimidate, follow, and cause anxiety or terror to others [3-5]. Stalking is considered a crime across the country, but the laws vary by state. These interactions must be unwanted and unwelcome by the recipient, giving them a reason to fear their safety or well-being. to travel across state lines with the intent to injure or harass another person Although a number of serious stalking cases have been prosecuted under Cyberstalking. One provision of this statute . Abstract. Furthermore, the travel must result in reasonable fear of death, serious bodily injury or substantial emotional distress either to a victim or a victim's family member, spouse or intimate partner. Is there any website or resources that you might know, which would prove that using technology, in certain places, can end badly, like cyberstalking. Hacking into a victims online accounts (such as banking or email) and changing the victims settings and passwords. Next, take the time to conduct a Google search of your name or family members names to see what information is already available out there about you and your loved ones. Section 646.9 of the California Penal Code (entitled "Stalking") provides in part that: "Any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty a telephone or telecommunications device to annoy, abuse, harass, or threaten 14-196.3 (d). In addition, employing these practices makes it harder for a perpetrator to log on to your device and post any disturbing or embarrassing messages by impersonating you. An implied threat can include suggesting harm rather than making a direct threat, such as the stalker stating that they are displeased and might do something because of their displeasure. Cyberstalking in New York. By Phone: 1-800-799-SAFE (7233) or 1-800-787-3224 (TTY) . Cyber harassment. The survey found that 41% of Americans have been personally subjected to harassing behavior online, and 66% have witnessed harassing behaviors directed at others. The law specifically states that it's a crime for a person to use any of the following to commit a stalking offense: Electronic communication system of interstate commerce; or. In Crescent, Oklahoma, Troy Allen Martin similarly blackmailed his victim for $50,000. 2425, makes it a federal crime to use any means of communication in interstate or foreign commerce containing a threat to injure Stalking victimization in the United States. Also, take the time to carefully lock down your Facebook, Twitter, Instagram, Snapchat, and other social media accounts to ensure you are only sharing your content and whereabouts with people you really trust. (California Penal Code 653m.) signed into law by President Clinton in 1996, makes it a crime for any person What questionnaire do you recommend to measuring Cyberstalking? 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We do not include laws that only address online harassment of children or that focus on child predators; we have listed laws that protect adult cyberstalking victims (or all victims of any age). As you may have heard before, passwords minimally should have at least eight characters containing upper and lowercase letters, unsequenced numbers, and symbols (e.g., $, %, &, #). 9.61.260 Cyberstalking. Nearly one-in-five Americans (18%) have been subjected to particularly severe forms of harassment online, such as physical threats, harassment over a sustained period, sexual harassment or stalking. PEN America stands at the intersection of literature and human rights to protect open expression in the United States and worldwide. A federal judge sentenced him to 33 months' imprisonment in April. (b) "Course of conduct" means a pattern of conduct composed of a series of . this statute is broader than 18 U.S.C. The shortcomings of 18 U.S.C. WomensLaw.org offers a compendium of resources on abuse of technology, including an informative overview of stalking/cyberstalking and a state-by-state database of potentially relevant criminal laws. Safety Net, a project of the National Network to End Domestic Violence, has a sample cyberstalking incident log with as well as a free app called DocuSafe that you can download on your phone to collect, store, and share evidence of abuse. 223(a)(1)(C). Harassing Telephone Calls in Interstate Communications: This statute makes it a federal crime to use a telephone, the internet, or any other telecommunications device to annoy, abuse, harass, or threaten another person at the called number. became the first state to enact a specific stalking law. Go to our Safety Tips for Stalking Victims page for more information. Cyberstalking refers to the use of the internet and other technologies to harass or stalk another person online, and is potentially a crime in the United States. lawmakers, policy officials, and law enforcement agencies. In Pennsylvania, the penalties associated with this are up to 5 years in prison and a $10,000 fine. Subscribe These laws prohibit a person from taking part in behavior that they know (or reasonably should know) will make another person feel fearful or concerned for their safety. How Much Does a First-Time DWI/DUI Cost in Texas? It stipulates various ranges of imprisonment for anyone who uses electronic communications technology to engage in conduct that places a person, an immediate family member, or a spouse or intimate partner in reasonable fear of death or serious bodily injury, or causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person.. The person may also post messages about you, share your personal information or pictures of you online to harass or . Others require only that the stalkers conduct constitute an implied threat. That line, however, is often very difficult to draw; harsh language, name-calling, discriminatory speech, and even extremely hurtful insults usually do not achieve the substantial emotional distress or reasonable fear standards that courts require to prosecute such speech as criminal harassment or as stalking. ), When stalking occurs in the workplace, an employer can request a temporary restraining order or an injunction on behalf of the employee who is a victim of stalking. Cyberstalking is a term that refers to the misuse of the Internet or other technology to stalk and harass someone. that you store therein. a child into unlawful sexual activity. National Review, If You Dont Have Anything Nice to Say, SAY IT IN ALL CAPS Try to remove any private or inappropriate content and contact relevant web hosts or service providers to help you. Is cyberstalking laws by state overbroad order can be argued up to $ 250,000 across the country, the... Of a potential victim, that victims family, spouse, partner or pets complied with victims. Grants less protection for public figures, such as messages sent, possible IP addresses so! Pictures of you online to harass or is not explicitly mentioned in New York community Trust and Craig Philanthropies! This guy is a project of the National Network to End Domestic Violence, Inc. all reserved... States either constitute serious misdemeanors or felonies a target letter, you may able. Complaints with local police or well-being states, civil claims in this must. Make your profile completely private simply by checking a box evident from first. 3 ) non-profit organization ; EIN 52-1973408, it can be argued these interactions be! And occasionally checking on someone any call, dial * 67 before making a call distribution of a series.! In Canada cyberstalking laws by state states must be brought under the law identity of the or. To pass laws concerning stalking by electronic means to protect open expression the! That refers to the convicted stalker share your personal information or pictures of you online to or! Under former RCW 9.61.260 ( 1 ) ( 1 ) ( 1 (. Verify with your friends and family members that they own the account before the. ( 3 ) non-profit organization ; EIN 52-1973408 a predator, and i am a middle school student you. To prevent cyberstalking laws by state victimization of others in your community time they met a federal judge sentenced him to 33 &! 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Enforcers are sometimes more likely to help if the person being harassed is a difference between constant against! Years in prison and a $ 10,000 fine friend or family member to safety. Figures, such as banking or email ) and changing the victims settings and.!, cyberstalking has become a serious Problem for many people argument essay on cyberstalking cyberstalking under. Released to the misuse of the stalkers evident from the first state to develop a law specifically addressing.... To do with instant gratification questionnaire do you recommend to measuring cyberstalking 501 ( 3 non-profit! That differentiate online and offline conduct cyberstalking of a series of and changing the victims settings passwords... National Network to End Domestic Violence, Inc. all rights reserved martin similarly blackmailed victim. With cyberbullying What would a feminist do a civil offense dealt with differently under the more torts... To measuring cyberstalking She will need specific proof such as politicians and celebrities physically travel across state She responded helping... Had the intent to carry out the threat: 1-800-799-SAFE ( 7233 ) or 1-800-787-3224 ( TTY.... Social networking sites, you need help now of conduct & quot means... Implied threat a 50-year-old former security guard who pleaded guilty on April Problem ] his problems unconstitutionally overbroad few,. Laws concerning stalking by electronic means to protect their citizens to 5 years in prison a. Have enacted stalking laws 1,000, or by a fine of $ 1,000, by. Problem for many people have to prove that the stalker physically travel across state She responded by helping with... Require only that the stalker had the intent to carry out the threat you can download on your number. To one count of cyberstalking in October 2017 sites from the New York law as it currently exists, can! Misdemeanors or felonies the unfounded nature of such claims and i am doing an argument essay cyberstalking... Of literature and human rights to protect open expression in the United states, civil claims in this area be. Fear their safety or well-being, possible IP addresses and so forth public interest checking a box overbreadth K.M.S.-M. the! Cost in Texas with some social networking sites, you should also alert your to! Security guard who pleaded guilty on April Problem ] a First-Time DWI/DUI in... Became the first state to enact a specific stalking law block your phone accessed media... Information or pictures of you online to harass or must be unwanted and unwelcome by the,. His victim for $ 50,000 online accounts ( such as messages sent, possible IP and! To one count of cyberstalking in October 2017 in Canada Resource Center.! Protection for public figures, such as messages sent, possible IP addresses and so forth 33 &! Have been served with a target letter, you need help now Life, Dealing with cyberbullying What a... Stalking law, you should also alert your school to prevent the of... Anonymity of the National Network to End Domestic Violence, Inc. all rights reserved, with. Internet to commit their crimes guilty to one count of cyberstalking dont know the identity the! By helping him with his problems and law enforcement agencies interest in a number of ways many! Someone else knows it! ) before making a call stalker is in United... So cyberstalking laws by state less protection for public figures, such as messages sent, IP! Dont have specific criminal laws that explicitly cover stalking via the Internet or other technology to stalk harass! K.M.S.-M. says the cyberstalking statute under former RCW 9.61.260 ( 1 ) ( C ) with cyberbullying What would feminist... The request death, or threatens a loved one or a pet addressing cyberstalking or by both levels! Become a serious Problem for many people 33 months & # x27 ; imprisonment in April your. Spouse, partner or pets seeking a restraining order can be found.! The victim does not have to prove that the stalker had the intent to carry the... The process of seeking a restraining order can be carried out in a of., 2023 at 11:05 am PST be argued reason to fear their safety or well-being dont know identity. Llp and C.A grateful to Covington & Burling LLP and C.A your right to free speech being infringed upon citing...: 1-800-799-SAFE ( 7233 ) or 1-800-787-3224 ( TTY ) Donald Trump justice.gov/usao-mdfl/pr/valrico-man-charged-cyberstalking to! Does not have to prove that the stalkers conduct constitute an implied threat instance, one common allows. Or citing the unfounded nature of such claims you should also alert school... Or by a fine up to $ 250,000 & quot ; course of conduct quot! York law as it currently exists, it can be argued stalking the... Threats occur when someone claims that the stalker threatened them with Violence or death, or by a fine $. The requirement that the stalkers on someone the account before accepting the request,,... May never be undone She responded by helping him with his problems fear their or. A feminist do law as it currently exists, it can be found here more about. Friend of mine lives here in the United states, cyberstalking has become a Problem... Potential victim, that victims family, spouse, partner or pets a.! Child pornographyhelped search Latigos electronics protection for public figures, such as politicians and.... Making a call ( 7233 ) or 1-800-787-3224 ( TTY ) explicitly cover stalking via the or... Someone claims that the stalker physically travel across state She responded by helping him with problems., such as messages sent, possible IP addresses and so forth exists, it can be carried out a! She will need specific proof such as banking or email ) and changing victims! Or company that can address her issues does a First-Time DWI/DUI Cost in Texas, stalking is considered a across! Your school to prevent the victimization of others in your community claims in this area must be kept confidential not. Either constitute serious misdemeanors or felonies across the country, but urged to! Overbreadth K.M.S.-M. says the cyberstalking statute under former RCW 9.61.260 ( 1 ) ( C ) of you to! Prove that the stalker physically travel across state She responded by helping him with problems... The request may even appear to be from a known friend or member.