Stalking
43. Stalking
Stalking is a relatively new crime now on the books in every state. It is generally defined as the intentional, repeated following of a person for the purpose of harassing the person with express or implied threats of violence or death. The definitions vary only slightly from state to state with some states adding things like lying in wait, surveillance, or warnings from police officers. Stalking statutes have become very important legal devices that, with protective orders, can help shield people from the threatening or harassing behavior of others in a variety of circumstances.
Most notably, celebrities have been the victims of stalking activity, when fans become obsessed with the object of their attention. Stalking may also occur when a jilted lover becomes obsessed with his or her ex-lover or spouse, or even when a person becomes obsessed with a complete stranger or co-worker. The crime can turn every day life into a nightmare for the victim of this crime. Consequently states have been quick to enact laws that specifically protect victims from harassing or stalking activity, even if the victim has not yet actually been physically injured by the defendant.
Several states have particular requirements in order for enhanced penalties to apply. The enhanced stalking crimes are usually distinguished by their designations as either first and second degree, or felony and misdemeanor stalking. Most often, enhancements are if the victim is below a certain age, or if the defendant has violated a court order or protective order, or if a deadly weapon was used.
Certain notorious cases have given rise in some states to specific legislation aimed at protecting particular persons. This may be the case in Illinois and New Jersey, each of which have provisions that state that incarcerated persons in penal institutions who transmit threats are not barred from prosecution under their stalking legislation.
Minnesota has a very broad stalker statute that exemplifies the variety of situations in which the law is used. Under this law, a person can be found guilty of stalking by harassment, or by intent to injure person, property or rights of another. A stalker may stalk using telephone calls, letters, telegraphs, delivery of packages or engaging in any conduct which interferes or intrudes on another’s privacy or liberty. These acts are considered “gross misdemeanors.” They are various situations where the crime of stalking in Minnesota is increased to a felony if the harassing activity is based on race, color, religion, sex, sexual orientation, disability or national origin, if stalking is accomplished by falsely impersonating another or using a dangerous weapon, if the victim is under 18 or if stalker is more than 36 months older than the victim. Although Minnesota’s state is unusual in terms of the breadth and detailed listing of activities covered, nearly every element contained in it can be found in some form in the provisions of some other state. A few states have added to the stalker’s penalties liability for the victim’s counseling for emotional trauma caused by the stress of the stalking experience.
In what may be perceived as a very new trend, three states have enacted amendments to their stalking laws that include “cyberstalking.” Two states, Illinois and Florida, actually use the term in their statutes, while Rhode Island simply adds special penalties to their existing laws if the crime is committed using computers “to engage in harassment.” It is expected that in the coming years, “cyberstalking” will increasingly become the subject of new stalking laws.
| Table 43: Stalking | |||||
|---|---|---|---|---|---|
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
| ALABAMA 13A-6-90, et seq. | A person who intentionally and repeatedly follows or harasses another and who makes a credible threat, express or implied, with intent to place person in reasonable fear of death or serious bodily harm; Aggravated stalking if stalking and also violates any court order or injunction | The crime of stalking is a Class C felony. Aggravated stalking is a Class B felony | Yes | ||
| ALASKA 11.41.260 & .270 | Knowingly engage in course of conduct that recklessly places another in fear of death or physical injury or in fear of death or physical injury of a family member | Stalking in the 1st degree (Class C felony) requires stalking plus violation of an order, probation, parole; victim under 16 years old, use of a deadly weapon, or previous conviction. Stalking in the 2nd degree is a Class A misdemeanor | |||
| ARIZONA 13-2923 | Intentionally or knowingly engages in course of conduct that is directed toward another and causes fear of personal safety or safety of immediate family members | Class 5 felony unless fear of death of that person or that person’s immediate family member then Class 3 felony | |||
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
|---|---|---|---|---|---|
| ARKANSAS 5-71-229 | Stalking in 1st degree: purposely engages in course of conduct that harasses another person and makes a terroristic threat with intent of placing in imminent fear of death or serious bodily injury or fear of death or serious bodily injury of immediate family member and (A) violates protective order or a no contact order or (B) has been convicted in previous 10 years of stalking or (C) is armed with a deadly weapon or represents that they are so armed. 2nd degree stalking: purposely engages in course of conduct that harasses another person and makes a terroristic threat with intent of placing in imminent fear of death or serious bodily injury or fear of death or serious bodily injury of immediate family members | Stalking in 1st degree: Class B felony; Stalking in 2nd degree: Class C felony | If within 10 years: Stalking in 1st degree: Class B felony | Yes | Yes |
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
|---|---|---|---|---|---|
| CALIFORNIA Penal 646.9 | Willfully, maliciously, and repeatedly follows or harasses another and makes credible threat with intent to place another in reasonable fear for own safety or safety of his/her immediate family 646.9(a) | 1 year in county jail and/or $1,000; if probation granted or sentenced suspended, counseling required. However, court, upon showing of good cause, may find that counseling shall not be imposed. 646.9(j); if convicted of spouse or child abuse felony (273.5) or violation of protection order (273.6) or making terroristic threats (422), subject to 1 yr. or $1000 or both or 2, 3, or 5 yrs. in state prison | If stalks when there is a temporary restraining order, injunction, court order against the same party, is punishable by imprisonment in the state prison for 2, 3, or 4 yrs. 646.9(b) Every person who, having been convicted of a felony under this section commits second/subsequent violation of section shall be punished by imprisonment in state prison for 2, 3 or 5 yrs. 646.9(c)(2) | Restraining order may be valid for up to 10 years. 646.9(k) | Constitutionally protected activity is not included within the meaning of “course of conduct” 646.9 (f). Section does not apply to labor picketing. 646.9(i) |
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
|---|---|---|---|---|---|
| COLORADO 18-9-111 | If directly or indirectly through another person knowingly (1) makes a credible threat to another person and, in connection with such threat, repeatedly follows person or person’s immediate family or someone with whom that person has or has had a continuing relationship or (2) makes credible threat to another person and, in connection with such threat, repeatedly makes any form of communication with that person or person’s immediate family, that would cause a reasonable person to suffer serious emotional distress and does cause that distress (18-9-111(b)) whether or not a conversation ensues or (3) repeatedly follows, approaches, contacts, places under surveillance or makes any form of communication with another person or person’s family | First offense is a Class 5 Felony. (18-9-111(5)(a)); if at time of first offense there is a temporary or permanent restraining order, injunction, or other court order: Class 4 Felony | If within 7 years of date of prior offense for which person was convicted: Class 4 Felony (18-9-111(5)(a.5)) | No |
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
|---|---|---|---|---|---|
| CONNECTICUT 53a-181c to 181e | Stalking in 1st degree (53a-181c): Commission of stalking in the 2nd degree and (1) has been previously convicted of this section or 53a-181d or (2) such conduct violates a court order in effect at the time of the offense or (3) person is under 16 Stalking in the 2nd degree (53a-181d): When, with intent to cause another person to fear for his physical safety, he wilfully and repeatedly follows or lies in wait for person and causes person to reasonably fear for physical safety Stalking in the 3rd degree (53a-181e): When recklessly causes another person to reasonably fear for physical safety by wilfully and repeatedly following or lying in wait for such person | Stalking 1st degree: Class D felony; Stalking 2nd degree: Class A misdemeanor; Stalking 3rd degree: Class B misdemeanor | Stalking 1st degree: Class D felony | No |
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
|---|---|---|---|---|---|
| DELAWARE Tit. 11 §1312A | Any person who intentionally engages in a course of conduct directed at specific person which would cause a reasonable person to fear physical injury to or damage to property owned by himself, to a friend/associate, to family member, to a member of his/her household, or to third person and whose conduct induces such fear; also, any person who intentionally negates in such conduct that would cause the person to fear that the person’s employment, business, or career is threatened (1312A(a)) | If commit the crime of stalking by engaging in a course of conduct which includes any act(s) prohibited by a then-existing court order or sentence, shall be sentenced minimum of 6 months. (1312A(f)); Stalking is a Class A misdemeanor, unless conduct induces fear in victim, then Class F felony; or unless perpetrator is 21 or older and victim is under 14, then Class F felony; or unless conduct induces threat of death or serious physical injury, then Class D felony; or perpetrator possesses deadly weapon during act and induces fear in victim, then Class C felony | If convicted of stalking within 5 years of prior conviction, shall receive minimum 1 year sentence (1312A(g)) | No | No. Lawful picketing is an affirmative defense; also conduct that occurs in furtherance of law enforcement activities or to private investigators, security officers or private detectives. (1312A(c) and (d)) |
| DISTRICT OF COLUMBIA 22-404 | Intent to cause emotional distress or place in reasonable fear of death or bodily injury by repeated following or harassing; or willfully or maliciously and repeatedly follows or harasses. | Fined maximum $500 and/or imprisonment maximum 1 year. If court order pending: must give bond for maximum 1 year. | If within 2 years of 1st conviction: fine up to 1.5 times maximum fine authorized and imprisonment up to 1.5 times maximum term authorized. If convicted more than once: fine up to 3 times maximum fine authorized and imprisonment up to 3 times maximum term | Yes; conduct by a party to a labor dispute in furtherance of labor or management objectives in that dispute |
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
|---|---|---|---|---|---|
| FLORIDA 784.048 | Willful, malicious, and repeated following or harassing. (704.048(2)); Aggravated stalking: willful, malicious and repeated following, cyberstalking, or harassing another with credible threats with the intent to place person in reasonable fear of death or bodily injury; or willfully, maliciously, repeatedly follows, cyberstalks, or harasses minor under 16; or after injunction for protection or any court-imposed prohibition of conduct, knowingly, willfully, maliciously and repeatedly follows, cyberstalks, or harasses another person. | Sentencing/fines: apply 775.082, 083,084 Stalking misdemeanor is 1st degree Aggravated stalking is felony of the 3rd degree 784.048(3), (4) and (5) | In violation of injunction or domestic violence protective order: felony in 3rd degree | Arrest without warrant if probable cause to believe statute is violated. (784.048(6)) | Yes. (784.048(1)(b)); includes picketing and organized protests |
| GEORGIA 16-5-90,et seq. | Following, surveillance, or contact with another to harass and intimidate. Aggravated stalking: stalking in violation of court order, bond, injunction or probation | Misdemeanor. Aggravated stalking: felony; imprisonment minimum 1 year and maximum 10 years and fine maximum $10,000 | For 2nd and subsequent convictions: felony; imprisonment minimum 1 year and maximum 10 years | Yes. Restraining order issued upon filing of petition setting forth probable cause. | Yes |
| HAWAII 711.1106.4 & .5 | Pursuit or surveillance with intent to harass, annoy, or alarm or in reckless disregard of risk thereof without legitimate purpose and which causes other to reasonably believe actor intends to cause bodily injury or property damage; aggravated stalking, stalking and has been convicted of stalking within 5 yrs. of instant offense | Stalking: misdemeanor; Aggravated Stalking: Class C felony | If person harasses another by stalking on one occasion for same/similar purpose, becomes felony. See also definition of aggravated stalking |
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
|---|---|---|---|---|---|
| IDAHO 18-7905 | Willful, malicious and repeated following or harassing of person or their immediate family | Jail maximum 1 year and/or fine maximum $1,000. If violates temporary restraining order or injunction against same person: jail maximum 1 year and/or fine maximum $1,000 | If within 7 years of prior convictions against same person: felony | Yes | |
| ILLINOIS Ch. 720 §5/12-7.3 | Knowingly and without lawful justification follows or surveils another on at least 2 separate occasions and threatens or places in reasonable apprehension; Aggravated stalking is stalking in conjunction with causing bodily harm, confining or restraining victim or violating court order or injunction. Cyberstalking is stalking through the use of electronic communication | Aggravated stalking: Class 3 felony; Stalking: Class 4 felony;Cyberstalking: Class 4 felony | 2nd or subsequent conviction: Class 3 felony | Picketing or exercise of the right of free speech or assembly that is otherwise lawful |
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
|---|---|---|---|---|---|
| INDIANA 35-45-10-1, et seq. | Knowing or intentional conduct with repeated acts that would cause reasonable person to feel terrorized, frightened or threatened and that actually causes such feelings | Class D felony. Class C felony if at least one of the following applies: (1) a person stalks and makes threat with intent to place victim in reasonable fear; or (2) court issued order to protect same victim(s) and perpetrator has actual notice of order; or (3) a criminal complaint of stalking pending in court and perpetrator has actual notice of complaint. Class B felony if: the act(s) were committed with deadly weapon or perpetrator has unrelated conviction for an offense against same victim(s) | See Class C felony classification | Yes | |
| IOWA 708.11 | Purposefully engages in course of conduct that would cause reasonable person to fear bodily injury or death to himself or immediate family; perpetrator knows or should have known that person would be fearful and course of conduct actually induces fear | Aggravated misdemeanor for first offense; Class D felony if stalking in violation of protective order or with dangerous weapon or stalks a person under 18 years | Class D felony for 2nd offense. Class C felony for 3rd or subsequent offense | Upon filing and a finding of probable cause or after filing of indictment, court shall issue an arrest warrant | |
| KANSAS 21-3438 | Intentional, malicious and repeated following or harassment of another person and making a credible threat with the intent to place such person in reasonable fear for such person’s safety | Severity level 10 person felony. If restraining order or injunction from same victim: severity level 9 person felony | If within 7 years and same victim: level 8 person felony | Yes |
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
|---|---|---|---|---|---|
| KENTUCKY 508.130 to .150 | Intentional course of conduct directed at specific person(s) which seriously annoys, intimidates, or harasses and which serves no legitimate purpose | Stalking in 1st degree: intentional stalking with explicit or implicit threat of sexual contact, injury, or death and protective order for same victim; or criminal complaint; or convicted of felony or Class A misdemeanor; or within previous 5 years; or stalking with deadly weapon. Stalking in 1st degree is a Class D felony. Stalking in 2nd degree: stalking with explicit or implicit threat of sexual contact, injury, or death: Class A misdemeanor. 508.140 | Yes |
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
|---|---|---|---|---|---|
| LOUISIANA 14:40.2; 14:40.3 | Willful, malicious, and repeated following or harassing with intent to place in fear of death or bodily injury | Maximum 1 year jail and $1000 fine. If had dangerous weapon: fine $1,000 and/or jail 1 year. If stalking and protective order for same victim, or criminal proceeding for stalking victim or injunction: jail 90 days minimum and 2 years maximum and/or fined maximum $5,000. If victim under 18, maximum 1 year and/or $2000 fine. Note: anyone over 13 who stalks a child 12 and under and is found to have placed child in reasonable fear of death or bodily injury of family member shall be punished by 1 year minimum, 3 years maximum in jail and/or $1,500 minimum, $5,000 maximum fine. If stalking is done through electronic communication: 1 year jail and/or $2,000 | If 2nd within 7 years: jail minimum 180 days and maximum 3 years and/or fined maximum $5,000. If 3rd or subsequent within 7 years: jail minimum 2 years and maximum 5 years and/or fined maximum $5,000. If stalking is done through electronic communication 2nd time within 7 years: jail minimum 180 days and maximum 3 years and/or fined up to $5,000. If stalking done through electronic communication 3rd time within 7 years: jail time minimum 2 years and maximum 5 years and/or up to $5,000 fine | Yes | |
| MAINE 17-A§210-A | Intentionally or knowingly engages in conduct directed at a specific person which causes: intimidation or serious inconvenience, annoyance, or alarm; fear of bodily injury or fear of bodily injury to immediate family member; or fear of death or fear of death of immediate family member | Class D crime | If 2 or more prior, Class C crime | Yes |
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
|---|---|---|---|---|---|
| MARYLAND Art. 27 §3-802. | Malicious course of conduct of approaching or pursuing with intent to place in reasonable fear of bodily injury or death | Misdemeanor: jail maximum 5 years and/or fine maximum $5,000; if conduct is through electronic mail: jail maximum 3 years and/or maximum $500 | Yes. Does not apply to any peaceable activity intended to express political views or provide information to others | ||
| MASSACHUSETTS 265 §43 | Wilfully and maliciously engages in conduct which seriously alarms or annoys a specific person and would cause reasonable person to suffer substantial emotional distress and makes threat with intent to place person in fear of death or bodily injury | Imprisonment in state prison no more than 5 years or fined no more than $1,000, or imprisonment in house of correction no more than 2½ years or both. If stalking and in violation of protective order: jail or state prison minimum 1 year and maximum 5 years | Jail or state prison minimum 2 years or maximum 10 years |
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
|---|---|---|---|---|---|
| MICHIGAN 750.411h (stalking); 750.411i (aggravated stalking); 600.2954. (civil damages) | Willful course of conduct involving repeated or continuing harassment that would cause reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes victim to feel such. Aggravated stalking: stalking and violation of restraining order or injunction, violation of probation, pretrial release or bond release, or threats against victim, victim’s family or an individual living with victim; or previous stalking conviction | Misdemeanor: punishable by imprisonment no more than 1 year and/or maximum fine of $1,000; if victim is under 18 and perpetrator is 5 years older than victim, a felony punishable by imprisonment no more than 5 years and/or fine no more than $10,000; perpetrator/stalker may also be placed on probation no more than 5 years. Aggravated stalking: felony punishable by imprisonment no more than 5 years and/or fine no more than $10,000; if victim is under 18 and stalker is 5 years older than victim, by imprisonment maximum 10 years and/or fine maximum $15,000; probation no more than 5 years may be imposed. Note: Victim may maintain civil action for damages incurred due to stalkers conduct; may also seek exemplary damages, costs, and reasonable attorney fees | Aggravated stalking: felony | Yes |
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
|---|---|---|---|---|---|
| MINNESOTA 609.749 | Harassment: engage in intentional conduct which the actor knows/has reason to know victim would feel frightened, threatened, oppressed, persecuted, or intimidated and causes such reaction(s) | Gross misdemeanor. Felony: stalking based on race, color, religion, sex, sexual orientation, disability, or national origin; or stalking by falsely impersonating another or with a dangerous weapon; or stalks a victim under 18 and actor is more than 36 months older than victim. Note: if person stalked and used a firearm, court may order that person not possess any firearm between 3 years and life | Felony: if repeat or has certain prior convictions within 10 years of discharge | Yes, includes speech, handbilling, and picketing | |
| MISSISSIPPI 97-3-107 | Willful, malicious, and repeated following or harassing or threatening with intent to place in reasonable fear of death or bodily injury | Jail maximum 1 year and/or fine maximum $1,000. If violates protective order or restraining order: jail maximum 1 year and/or fine maximum $1,500 | If within 7 years and against same victim and involving act of violence or a credible threat: jail maximum 3 years and/or fine maximum $2,000 | Yes | |
| MISSOURI 455.01, et seq . | Purposely and repeatedly harasses or follows with intent of harassing another adult | Class A misdemeanor | If within 5 years: Class D felony | Restraining order issued upon filing petition | Yes |
| MONTANA 45-5-220 | Purposely and knowingly causes another distress or apprehension by repeatedly following or harassing, threatening, or intimidating | Jail maximum 1 year and/or fine maximum $1,000. If victim under protection of a restraining order: jail maximum 5 years and/or fine maximum $10,000 and medical costs, counseling, and other costs incurred by the victim. Note: perpetrator may have to pay medical, counseling and other costs. | Jail maximum 5 years and/or fine maximum $10,000 | Restraining order issued upon presentation of credible evidence | Yes |
| NEBRASKA 28-311.02, et seq. | Willful harassing with intent to injure, terrify, threaten, or intimidate | Class I misdemeanor | If prior conviction against same victim within 7 years: class IV felony | Labor picketing |
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
|---|---|---|---|---|---|
| NEVADA 200.575 et seq. | Willful or malicious conduct that causes reasonable person to feel terrorized, frightened, intimidated, or harassed and actually causes victim to feel such. | Misdemeanor. Aggravated stalking: (A) stalking with threats of death or bodily harm: Class B felony, jail minimum 2 year or maximum 15 years and fine maximum $5,000 | Gross misdemeanor | Restraining order issued upon filing of petition | Yes, including picketing; activities of reporters, photographers, and cameramen; free speech and assembly |
| NEW HAMPSHIRE 633:3-a | Any of the following:(A) Engaging in cause of conduct targeted at specific person and causing fear of personal safety (B) violating restraining order | Class A misdemeanor | If 2nd or subsequent within 7 years: Class B felony | May arrest without warrant if has probable cause to believe suspect’s acts violate statute within 6 hours. Restraining order issued upon filing of petition and proof by preponderance | Yes |
| NEW JERSEY 2C:12-10 | Purposeful conduct directed at specific person that would cause a reasonable person to fear bodily injury or death to himself or family member and knowingly, recklessly, or negligently places person in reasonable fear of bodily injury or death to himself or family member | Crime of the 4th degree. If court order prohibiting the behavior: crime in the 3rd degree. Crime in 3rd degree if actor is serving term of imprisonment or while on parole or probation | If 2nd or subsequent against same victim: crime in the 3rd degree | Stalking conviction acts as application for permanent restraining order | Organized group picketing |
| NEW MEXICO 30-3A-3 to -4 | Knowingly pursuing a pattern of conduct that would cause reasonable person to feel frightened, intimidated, or threatened. Stalker must intend to cause reasonable apprehension. Stalker must follow, surveil, or harass. Aggravated stalking: stalking when it violates a restraining order, while possessing a deadly weapon, or when the victim is less than 16 yrs. old | Misdemeanor. Must also complete professional counseling. Aggravated stalking: 4th degree felony | Upon 2nd or subsequent conviction, guilty of 4th degree felony. Must also complete professional counseling. Aggravated stalking: 3rd degree felony | Picketing or public demonstrations |
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
|---|---|---|---|---|---|
| NEW YORK Penal 240.26, .31; 120.45 to .60 | Stalking in the 4th degree: intentionally and with no legitimate purpose engages in conduct that s/he knows or should reasonably know: will cause reasonable fear of material harm to victim or member of victim’s immediate family or causes material harm to mental or emotional health of victim or member of victim’s immediate family or causes a reasonable fear that victim’s employment or business is threatened; 3rd degree: Same as 4th degree when: 3 or more victims involved or victim has reasonable fear of physical harm or serious bodily injury; 2nd degree: same as 3rd degree when a weapon is involved in commission or 2nd conviction within 5 yrs. or if victim is 14 or under and actor is 21 or older; 1st degree: same as 3rd or 2nd degree with intentional or reckless physical harm to victim | 4th degree is a Class B misdemeanor. 3rd degree is a Class A misdemeanor. 1st degree is a Class D felony | If within 10 yrs. of prior conviction, stalking in 3rd degree. If within 5 yrs. of prior conviction, 2nd degree stalking | Yes; for harassment does not apply to activities regulated by National Labor Relations Act, Railway Labor Act, or Federal Employment Labor Management Act | |
| NORTH CAROLINA §14-277.3, 14-196.3 | Willfully on more than 1 occasion follows or harasses without legal purpose and with intent to place victim in reasonable fear of safety for him or her or his or her family or cause victim to suffer emotional distress by placing victim in fear of death or bodily harm | Class A1 misdemeanor. If court order in effect, Class H felony. If conduct is through electronic communication, Class 2 misdemeanor | Class F felony |
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
|---|---|---|---|---|---|
| NORTH DAKOTA 12.1-17-07.1 | Intentional conduct directed at specific person which frightens, intimidates, or harasses and serves no legitimate purpose towards a person or person’s immediate family | Class A misdemeanor. Class C felony if previous conviction of assault, terrorizing, menacing, or harassing same victim, or violation of court order or previous stalking conviction | Class C felony: repeat offense or violation by assault, terrorizing, menacing, or harassment | Yes | |
| OHIO 2903.211, .214 (menacing by stalking) | Knowingly causing another fear of physical harm or mental distress | Misdemeanor in 1st degree | Felony of 4th degree | Restraining order allowed | |
| OKLAHOMA Tit. 21 §1173 | Wilfully, maliciously, and repeatedly follows or harasses another in a manner that causes person to feel frightened, intimidated, threatened, etc., and actually causes such feelings | Misdemeanor: punishable by maximum 1 year jail sentence and/or maximum $1,000 fine. If there is a court order, injunction, probation/parole conditions or preceding violation within 10 years: felony with a maximum fine of $2,500 and 5 year jail sentence. If conduct is through electronic communications: misdemeanor as directed elsewhere in Tit. 2 §1173 | Second act of stalking within 10 years: felony with a maximum fine of $2,500. If stalker commits an act of stalking in violation of §§(B) and (C): felony with fine between $2,500 and $10,000. Second act if conduct is through electronic communications: felony as directed in Tit. 2 §1173 | Yes | |
| OREGON 163.732 et seq. | Knowingly alarms or coerces another person or person’s family member/household by engaging in repeated and unwanted contact. The contact causes victim(s) reasonable apprehension regarding personal safety | Class A misdemeanor. Class C felony if perpetrator has prior conviction for stalking or violates court order | Class C felony | Restraining order may be issues upon citation for stalking | Conduct authorized or protected by labor laws exempt |
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
|---|---|---|---|---|---|
| PENNSYLVANIA 18 §2709.1 | Course of conduct or repeated acts without authorization with intent to place in reasonable fear or cause substantial emotional distress | Misdemeanor of the 1st degree. If previously convicted of crime of violence against victim, family or household member: felony of the 3rd degree | Felony of the 3rd degree | Yes, labor disputes or any constitutionally protected activity | |
| RHODE ISLAND 11-59-1 & 2; 11-52-4.2 | Harassment or willful, malicious and repeated following with intent to place in reasonable fear | Felony: maximum 5 yrs. in prison and/or maximum $10,000 fine; use of computer communication to engage in harassment—misdemeanor: maximum one year in prison and/or maximum $500 fine | Yes | ||
| SOUTH CAROLINA 16-3-1700. et. seq. | Pattern of words or conduct that causes fear of death, assault, bodily injury, criminal sexual contact, kidnapping, or property damage to victim or victim’s family member. Aggravated stalking is stalking accompanied by an act of violence | Misdemeanor punishable by maximum fine of $1,000 and/or maximum prison term of 1 year. If injunction or order: misdemeanor punishable by maximum fine of $2,000 and/or maximum prison term of 2 years. Aggravated stalking is a felony punishable by maximum fine of $5,000 and/or maximum prison term of 5 years. Engaging in aggravated stalking when there is an injunction or order: felony with maximum fine of $7,000 and/or maximum prison term of 10 years. Note: Other criminal and civil remedies may be available | Stalking: If within 7 years, considered felony with maximum fine of $5,000 and/or maximum prison term of 5 years. Aggravated stalking: If within 7 years, considered felony with maximum fine of $10,000 and/or maximum prison term of 15 years | Restraining order authorized, police may arrest someone for violating a restraining order without a warrant | Constitutionally protected activity is not included within the meaning of “course of conduct” |
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
|---|---|---|---|---|---|
| SOUTH DAKOTA 22-19A-1, et seq. | Willful, malicious and repeated following or harassing or making credible threats with intent of placing in reasonable fear | Class 1 misdemeanor. If violates protective order or injunction, Class 6 felony. If victim is 12 years or younger, Class 6 felony | If within 7 years and against same victim and involving acts of violence or credible threat: Class 5 felony | Restraining order issued upon filing petition | Yes |
| TENNESSEE 39-17-315 | Intentionally and repeatedly follows or harasses in a manner that causes fear | Class A misdemeanor | If within 7 years: Class E felony. If within 7 years and the same victim: Class C felony | Yes, following another during course of a lawful business activity | |
| TEXAS Penal 42.072 | A person commits an offense if on more than one occasion and pursuant to scheme or course of conduct directed at specific person, knowingly engages in conduct that: (1) stalker knows/reasonably believes victim will view as threatening, (2) causes fear, and (3) would cause a reasonable person to fear | 3rd degree felony | 2nd degree felony |
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
|---|---|---|---|---|---|
| UTAH 76-5-106.5 | Intentionally or knowingly causes a reasonable person fear | Class A misdemeanor. 3rd degree felony if: (1) previous conviction of stalking, (2) conviction in another jurisdiction to an offense similar to stalking, or (3) convicted of felony offense in which victim or victim’s family was victim. Felony of the 2nd degree if: (1) used deadly weapon or other means of force, (2) previously convicted 2 or more times of stalking, (3) convicted 2 or more times in another jurisdiction of offenses similar to stalking, (4) convicted 2 or more times in any combination of (2) and (3), (5) convicted 2 or more times of felonies in which victim was also a victim of felonies | If 2 or more convictions: felony of the 3rd degree | Conviction for stalking acts as application for permanent restraining order | |
| VERMONT Tit. 13 §1061, et seq. | Intentionally follows, lies in wait, or harasses and causes fear without legitimate purpose. Aggravated stalking: intentionally stalks and (1) such conduct violates court order, or (2) previous conviction of stalking or aggravated stalking, or (3) convicted of offense an element of which involves an act of violence against same person, or (4) victim under 16 | Stalking: imprisoned no more than 2 years and/or maximum fine $5,000. Aggravated stalking punishable by maximum prison term of 5 years and/or maximum fine of $25,000 | See aggravated stalking | Constitutionally protected activity not included within the meaning of “course of conduct” | |
| VIRGINIA 18.2-60.3 | Intent or knowledge that repeated acts cause reasonable fear | Class 1 misdemeanor | Commission of 3rd offense within 5 yrs.: Class 6 felony | Restraining order issued upon conviction |
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
|---|---|---|---|---|---|
| WASHINGTON 9A.46.110 | Intentionally and repeatedly harasses or follows and causes reasonable fear and s/he intends to frighten, intimidate, or harass or knows or reasonably knows acts cause fear or harassment and without lawful authority and doesn’t amount to a felony attempt of another crime | Gross misdemeanor. If previously convicted of harassing same victim or violating protective order of victim; or armed with deadly weapon; or victim was a public officer stalked in retaliation; or victim is/was a witness stalked in retaliation: Class C felony | Class C felony | ||
| WEST VIRGINIA 61-2-9a | (1) knowingly, willfully and repeatedly follows and harasses, or (2) knowingly, willfully and repeatedly follows and makes credible threat, or (3) knowingly, willfully and repeatedly harasses and makes credible threat against a person with whom he or she has had a past relationship or would like to have a relationship | Misdemeanor: jail for maximum of 6 months and/or maximum fine of $1,000. Misdemeanor if stalks in violation of court order: county jail between 90 days and 1 year and/or fine between $2,000 and $5,000 | If 2nd conviction within 5 years of prior conviction: county jail between 90 days and 1 year and/or fine between $2,000 and $5,000. If 3rd or subsequent within 5 years: felony; locked up in penitentiary between 1 and 5 years and/or fine between $3,000 and $10,000. If there is restraining order and convicted of 2nd or subsequent offense: county jail for 6 months to 1 year and/or fine between $2,000 and $5,000 | Upon conviction, court may issue restraining order for period not to exceed 10 years | Any labor disputes or other activities protected by the Constitution |
| WISCONSIN 940.32 | Actor knows or should know that his intentional conduct causes reasonable person to fear bodily injury to or death of himself or of his immediate family. Acts actually induce such fear | Class I felony: Class H felony: if victim is under 18 or stalker gathered information electronically about victim. Class F felony if stalker used a weapon, the act results in bodily injury to the victim, or if the actor has a previous conviction for a violent crime | If within 7 years and against same victim: Class H felony | Yes, freedom of speech and peaceable assembly |
| State/Code Section | Defined As | Punishment/Classification | Repeat Offense | Arrest or Restraining Order Specifically Authorized by Statute? | Constitutionally Protected Activities Exempted? |
|---|---|---|---|---|---|
| WYOMING 6-2-506 | With intent to harass, conduct was likely to harass by communication, following, placing under surveillance, or otherwise harassing | Misdemeanor: jail maximum 6 months and/or fine maximum $750. If caused serious bodily harm or violates probation, parole or bail or violates temporary or permanent protective order: felony stalking: jail maximum 10 years. If acts occurred within 5 years of prior conviction, and if caused serious bodily harm or violates probation, parole or bail or violates temporary or permanent protective order: felony stalking: jail maximum 10 years | If within 5 years: felony stalking: jail maximum 10 years | Yes, lawful demonstration, assembly or picketing |
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NEARBY TERMS
Stalking