What is Stalking?
The popular use of the word stalking has caused a variety of misconceptions about what the crime of stalking actually is. While in many cases it does involve following someone, there are many more instances where the crime of stalking can occur. While there is no federal law that makes stalking a crime, every state has outlawed stalking in one way or another. The following are common elements of stalking that are found in most state criminal statutes: - A pattern of intentional harassing or annoying conduct, such as repeated messages, following, vandalism, and other unwanted behaviors
- Infliction of credible threats against a victim's safety or that of her family
- Actual and reasonable victim fear of the stalker resulting from that behavior
What are the Penalties for Stalking?Although there are varying degrees of the stalking offense, in most state penal codes the crime of stalking is a felony. The following are common sentencing penalties for the crime of stalking: - If found guilty of felony stalking, this offense is punishable by imprisonment in a county jail for not more than one year or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison
- Any person currently under a restraining order, who is found guilty of stalking, can face three, four, or five years in state prison
- A second or subsequent violation of stalking is punishable by three, four, or five years in state prison
- In addition to these penalties, and depending on the nature of the offense, some states require offenders to register as sex offenders following their punishment
Should I Contact a Criminal Defense Attorney with My Involvement in a Stalking Criminal Investigation or Prosecution?If you have been arrested or accused of stalking, you may find the advice of a criminal defense attorney to be extremely helpful. Because of the complex nature of this area of law, the advice of a defense attorney who specializes in this area can be beneficial in determining how best to proceed with your legal problem. |
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