17
statute, 18 U.S.C. § 2261A (2012 & Supp. I 2013).9
748 F.3d at
433-434.
Similarly, in Petrovic, 701 F.3d at 854-856, the United
States Court of Appeals for the Eighth Circuit concluded that
§ 2261A was properly applied to a defendant who created a Web
site with links to images of the victim nude or engaged in sex
acts with him, where the sole purpose of the communications was
to carry out the defendant's threats to harass and humiliate the
victim if she ended their sexual relationship.
As integral to
the commission of the crime of cyberstalking, the defendant's
communication, although speech, fell outside the purview of the
First Amendment.
The speech here, much as the speech at issue in Giboney,
Sayer, and Petrovic, was also "integral to criminal conduct,"
serving only to implement the defendants' purpose to harass and
cause substantial emotional distress to the Lyonses in violation
9
Section 2261A(2) of 18 U.S.C. (2012 & Supp. I 2013)
defines cyberstalking, in relevant part, as follows: "Whoever - with the intent to kill, injure, harass, intimidate, or place
under surveillance with intent to kill, injure, harass, or
intimidate another person, uses 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 to engage in a
course of conduct that . . . causes, attempts to cause, or would
be reasonably expected to cause substantial emotional distress
to . . . [that person], [an immediate family member of that
person] or [a spouse or intimate partner of that person], shall
be punished as provided in [§] 2261(b) of this title" (emphases
added).
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