Featured News 2014 Define the Law: The Various Forms of Stalking

Define the Law: The Various Forms of Stalking

Stalking can make a victim feel incredibly unsafe and nervous. As a result, it is considered a crime and can come with serious penalties. The term "stalking" describes unwanted attention and behavior targeted at a particular person. Stalkers can be relatives, partners, or complete strangers. The stalking can be digital, communicated, or physical. Repeated unwanted pursuit is normally considered stalking. There are several specific acts that can be considered stalking.

First, if you vandalize a victim's property, this may be considered stalking depending on the circumstances. For example, if you follow an ex-girlfriend to her home and then damage her car, or if you follow an ex-husband to a club and destroy his motorbike, then this can be considered stalking. Those who vandalize property may also face vandalism penalties on top of the stalking charges.

Also, surveillance can be considered stalking. If you monitor a person's phone calls or computer use, then you can be penalized. Also, installing GPS tracking systems on someone's car or hacking into a computer and watching from the web camera are all considered stalking. Using public records or online services can also be considered stalking, and in some situations it is illegal to hire investigators to follow a person and watch their actions.

Also, going through a person's garbage or contact the victim's family, neighbors, co-workers or friends to find out more about that person are all different surveillance methods that are commonly recognized as station in the court. If you find that you are charged with stalking because you did any of these things, you will want to hire a skilled attorney to represent you and explain why you felt that the actions were necessary.

Stalking can also be unwanted communication. Repeatedly sending texts or e-mails to a victim, or calling them constantly can be considered stalking. Also, sending letters in the mail or leaving notes can be stalking.

Repeated hang-ups can count as stalking, and you can face stalking charges for using social media inappropriately to spread false rumors about the victim or get the victim's attention. As well, using Facebook messages or posting on a person's wall repeatedly can be considered stalking. This is normally termed as "cyberstalking" and may be penalized under different guidelines.

Threats and assaults are a very serious form of stalking. Physical and sexual assault can contribute to stalking charges. Also, if you threaten the person's family, friends, and co-workers, this will be considered a serious stalking offense that can come with severe charges. The most common of stalking methods is physical presence.

Those who follow and physically drive by a person's home, school, or place of work can be charged with stalking. Normally, the first action when a victim discovers a stalker is to get a restraining order against that person. If the individual refuses to obey the restraining order, he or she can normally be arrested.

If you are arrested for stalking, your penalties will be contingent on which state you live in. Some states, such as Alabama, Kansas, Kentucky, Colorado, and Illinois consider stalking to be a felony. In other states, such as California or Alaska, it can be a misdemeanor.

The state of Vermont states that stalking is always a felony offense in the state and that there is an enhanced penalty for stalking a minor that is under the age of 16. Some other states also have special penalties reserved for those who stalk children. If you have been charged with stalking, you need a criminal defense attorney on your side. Maybe the charges are completely unwarranted. For example, maybe you simply ran into an ex by mistake at a store, and she decided that you were stalking and reported you. If you run into her once again at another location, it may seem as though you are stalking when you are not. Call a lawyer today if you want to learn more!

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