Stalking

Background

Stalking is defined as following or loitering near another, often surreptitiously, to annoy or harass that person or to commit a further crime such as assault or battery. Several state stalking statutes include offenses such as surveillance, threats, or menacing more generally. Overall, there are three elements for a stalking offense: 1) an individual must have intentionally and repeatedly harassed another, 2) there must be a credible threat, and 3) the individual must have intended to place the victim in reasonable fear of death or serious bodily injury.

Variation by Jurisdiction

Alabama

Under the Criminal Code of Alabama, a person who intentionally and repeatedly follows or harasses another person and who makes a credible threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of stalking. Stalking is a class C felony. The Criminal Code also has an article that addresses aggravated stalking; this crime is when a person fulfills the elements of a general stalking charge, and who, in stalking another, violates any court order or injunction. Aggravated stalking is a class B felony.

New York

The New York Penal Code separates stalking into four degrees. Stalking in the fourth degree is an individual intentionally engages in conduct directed at a specific person, and knows or reasonably should know that such conduct 1) is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, 2) causes material harm to the mental or emotional health of such person, or 3) is likely to cause such person to reasonably fear that his or her employment, business or career is threatened. Some activities included in the stalking statue include following, telephoning, or initiating contact with another. Stalking in the fourth degree is a class B misdemeanor. An individual is guilty of stalking in the third degree when he is in violation of § 120.45 (stalking in the fourth degree) against three of more persons, commits the crime within ten years of a conviction of a specific predicate crime (listed under NY Penal Code § 120.40(5)), intentionally engages in a course of conduct directed at such person which is likely to cause such person to reasonably fear physical injury or serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of such person, or commits the crime of stalking in the fourth degree within ten years of a previous stalking charge. Stalking in the third degree is a class A misdemeanor. An individual is guilty of stalking in the second degree when he displays or uses certain weapons (i.e. knives, shotguns, etc.) in carrying out the crime of stalking in the third degree, commits the crime within five years of a conviction for a specified predicate crime, commits the crime within five years of a conviction for stalking in the third degree, commits the crime against ten or more persons, in ten or more separate transactions, for which the actor has not been previously convicted. A person can also be guilty of stalking in the second degree when being twenty-one years of age or older, he repeatedly follows a person under the age of fourteen or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place such person who is under the age of fourteen in reasonable fear of physical injury, serious physical injury or death. Stalking in the second degree is a class E felony. Finally, stalking in the first degree is when an individual commits stalking in the third or second degree and in the course of the crime, he intentionally or recklessly causes physical injury to the victim of such crime, commits a class A misdemeanor, commits a class E felony, or commits a class D felony.

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See Crimes

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