Stalking
The general definition of stalking is contacting, following, watching or harassing another in order to cause him or her to fear for his or her safety. Some actions which may be included in a stalking charge are: threats, harassment, loitering, assault, repeated contact, sending gifts, online stalking, and more. This would be a knowing and willful course of conduct which is carried out for no legitimate purpose. Although women are most often the victims of stalking (approximately 3 out of 4 times), men may also be targeted. Stalking may also occur in conjunction with
domestic violence charges, when committed by a current or former spouse, girlfriend or boyfriend.
The severity of a stalking charge will depend on various issues. The alleged stalker's conduct will be a key factor. For example, making repeated phone calls or sending emails may be considered a less serious offense than physically following a person. A serious form of stalking may involve a person who allegedly assaults the victim in some way, whether verbally, physically or sexually.
In some cases, the victim of a stalker may seek a restraining order in order to prohibit continued harassment. A restraining order is a court order that may prohibit certain conduct. It may order an alleged stalker to maintain a certain distance from the victim or may require that the stalker no longer contact the victim in any way. If a defendant is accused of committing stalking in violation of a restraining order, he or she can expect to face harsh penalties.
Some of the consequences of a stalking conviction may include:
- Incarceration in state prison or county jail
- Fines
- Probation
- Victim restitution
- Sex offender registration (if a sexual offense was involved)
Specific penalties will vary depending on the case as well as the jurisdiction.
Click here to find a criminal defense attorney in your area who may be able to help with a stalking case.
