anti-stalking laws Archives | Notes to a Stalker

Anti-stalking laws are in place to address the specific crimes of stalking and the related crimes that often come up as a result of stalking. However, due to the manipulative, deceptive nature of stalking prosecuting stalking cases is very difficult even in states with more stringent anti-stalking laws. In some cases, prosecuting for a related crime may be easier than prosecuting for stalking, depending on how clear the legislation is where you live. Legal Action and Legal Statutes for Stalking Cases Something to consider regardless of where you live… There is a possibility your stalker can face charges from other related crimes. In some cases, these crimes that can be treated separately from the stalking issue. Some of these other crimes include: burglary theft vandalism trespassing harrasment identity theft assault assault with intent to harm attempted murder Each one of these carries their own burden of proof requirements, sentencing and legal processes necessary to successfully navigate the legal system to result in a conviction of your stalker. What we have done is put together the research we have found on all the 50 states with some pretty pictures, links and resources to help you to be armed with information you will need to take your case the next step with your stalker. For example: Say you have a stalker that hacks into your home network on a regular basis. You may data that shows this you may not. You may have assistance from your ISP or they may get all sketchy on you and deny anything for fear of liability reasons or not. have some images, you may not. You may even get pictures or video of them doing this. My point is, if the burden of proof is not beyond a doubt that it is a specific person, you may be facing an impossible case for stalking. However, if you have pictures of people in the act of any related crime such as: vandalism, attempted burglary, or burglary you may have a case for those crimes but not necessarily for the stalking. Be strategic in your thinking. Know what battles to pick. Pick a strategy to win… something. Anti-Stalking Laws in the Mountain States This is LONG but worthwhile if you need the information. Here are easy navigation links to find your state quickly. Colorado Idaho Montana Utah Wyoming Here is the Breakdown of Criminal Stalking Laws for the Southern Central states with easy to use jump navigation. Civil stalking laws are also present in most states. *Data and Legal information comes from the stalking section of the victimsofcrime.org web site.* Colorado C.R.S. 18-3-601. Legislative declaration. (2010) (1) The general assembly hereby finds and declares that: (a) Stalking is a serious problem in this state and nationwide; (b) Although stalking often involves persons who have had an intimate relationship with one another, it can also involve persons who have little or no past relationship; (c) A stalker will often maintain strong, unshakable, and irrational emotional feelings for his or her victim, and may likewise believe that the victim either returns these feelings of affection or will do so if the stalker is persistent enough. Further, the stalker often maintains this belief, despite a trivial or nonexistent basis for it and despite rejection, lack of reciprocation, efforts to restrict or avoid the stalker, and other facts that conflict with this belief. (d) A stalker may also develop jealousy and animosity for persons who are in relationships with the victim, including family members, employers and co-workers, and friends, perceiving them as obstacles or as threats to the stalker's own "relationship" with the victim; (e) Because stalking involves highly inappropriate intensity, persistence, and possessiveness, it entails great unpredictability and creates great stress and fear for the victim; (f) Stalking involves severe intrusions on the victim's personal privacy and autonomy, with an immediate and long-lasting impact on quality of life as well as risks to security and safety of the victim and persons close to the victim, even in the absence of express threats of physical harm. (2) The general assembly hereby recognizes the seriousness posed by stalking and adopts the provisions of this part 6 with the goal of encouraging and authorizing effective intervention before stalking can escalate into behavior that has even more serious consequences. C.R.S. 18-3-602. Stalking - penalty - definitions - Vonnie's Law. (2012) (1) A person commits stalking if directly, or indirectly, through another person, the person knowingly: (a) Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship; or (b) Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or (c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress. (2) For the purposes of this part 6: (a) Conduct "in connection with" a credible threat means acts that further, advance, promote, or have a continuity of purpose, and may occur before, during, or after the credible threat. (b) "Credible threat" means a threat, physical action, or repeated conduct that would cause a reasonable person to be in fear for the person's safety or the safety of his or her immediate family or of someone with whom the person has or has had a continuing relationship. The threat need not be directly expressed if the totality of the conduct would cause a reasonable person such fear. (c) "Immediate family" includes the person's spouse and the person's parent, grandparent, sibling, or child. (d) "Repeated" or "repeatedly" means on more than one occasion. (3) A person who commits stalking: (a) Commits a class 5 felony for a first offense except as otherwise provided in subsection (5) of this section; or (b) Commits a class 4 felony for a second or subsequent offense, if the offense occurs within seven years after the date of a prior offense for which the person was convicted. (4) Stalking is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401 (10). (5) If, at the time of the offense, there was a temporary or permanent protection order, injunction, or condition of bond, probation, or parole or any other court order in effect against the person, prohibiting the behavior described in this section, the person commits a class 4 felony. (6) Nothing in this section shall be construed to alter or diminish the inherent authority of the court to enforce its orders through civil or criminal contempt proceedings; however, before a criminal contempt proceeding is heard before the court, notice of the proceedings shall be provided to the district attorney for the judicial district of the court where the proceedings are to be heard and the district attorney for the judicial district in which the alleged act of criminal contempt occurred. The district attorney for either district shall be allowed to appear and argue for the imposition of contempt sanctions. (7) A peace officer shall have a duty to respond as soon as reasonably possible to a report of stalking and to cooperate with the alleged victim in investigating the report. (8) (a) When a person is arrested for an alleged violation of this section, the fixing of bail for the crime of stalking shall be done in accordance with section 16-4-103 (2) (d), C.R.S., and a protection order shall issue in accordance with section 18-1-1001(5). (b) This subsection (8) shall be known and may be cited as “Vonnie's law.” (9) When a violation under this section is committed in connection with a violation of a court order, including but not limited to any protection order or any order that sets forth the conditions of a bond, any sentences imposed pursuant to this section and pursuant to section 18-6-803.5, or any sentence imposed in a contempt proceeding for violation of the court order shall be served consecutively and not concurrently. Idaho Idaho Code § 18-7905. Stalking in the first degree. (2004) (1) A person commits the crime of stalking in the first degree if the person violates section 18-7906, Idaho Code, and: (a) The actions constituting the offense are in violation of a temporary restraining order, protection order, no contact order or injunction, or any combination thereof; or (b) The actions constituting the offense are in violation of a condition of probation or parole; or (c) The victim is under the age of sixteen (16) years; or (d) At any time during the course of conduct constituting the offense, the defendant possessed a deadly weapon or instrument; or (e) The defendant has been previously convicted of a crime under this section or section 18-7906, Idaho Code, or a substantially conforming foreign criminal violation within seven (7) years, notwithstanding the form of the judgment or withheld judgment; or (f) The defendant has been previously convicted of a crime, or an attempt, solicitation or conspiracy to commit a crime, involving the same victim as the present offense under any of the following provisions of Idaho Code or a substantially conforming foreign criminal violation within seven (7) years, notwithstanding the form of the judgment or withheld judgment: (1) Chapter 9, title 18; (2) Chapter 15, title 18; (3) Chapter 61, title 18; (4) Section 18-4014 (administering poison with intent to kill); (5) Section 18-4015 (assault with intent to murder); (6) Section 18-4501 (kidnapping); (7) Section 18-5501 (poisoning); (8) Section 18-6608 (forcible sexual penetration by use of foreign object); (9) Section 18-7902 (malicious harassment); or (10) Section 18-8103 (act of terrorism). (2) In this section, "course of conduct" and "victim" have the meanings given in section 18-7906(2), Idaho Code. (3) For the purpose of this section, a "substantially conforming foreign criminal violation" exists when a person has pled guilty to or has been found guilty of a violation of any federal law or law of another state, or any valid county, city, or town ordinance of another state substantially conforming to the provisions of this section or section 18-7906, Idaho Code. The determination of whether a foreign criminal violation is substantially conforming is a question of law to be determined by the court. (4) Stalking in the first degree is a felony punishable by a fine not exceeding ten thousand dollars ($ 10,000) or imprisonment in the state prison for not less than one (1) year nor more than five (5) years, or by both such fine and imprisonment. Idaho Code § 18-7906. Stalking in the second degree. (2004 (1) A person commits the crime of stalking in the second degree if the person knowingly and maliciously: (a) Engages in a course of conduct that seriously alarms, annoys or harasses the victim and is such as would cause a reasonable person substantial emotional distress; or (b) Engages in a course of conduct such as would cause a reasonable person to be in fear of death or physical injury, or in fear of the death or physical injury of a family or household member. (2) As used in this section: (a) "Course of conduct" means repeated acts of nonconsensual contact involving the victim or a family or household member of the victim, provided however, that constitutionally protected activity is not included within the meaning of this definition. (b) "Family or household member" means: (1) A spouse or former spouse of the victim, a person who has a child in common with the victim regardless of whether they have been married, a person with whom the victim is cohabiting whether or not they have married or have held themselves out to be husband or wife, and persons related to the victim by blood, adoption or marriage; or (2) A person with whom the victim is or has been in a dating relationship, as defined in section 39-6303, Idaho Code; or (3) A person living in the same residence as the victim. (c) "Nonconsensual contact" means any contact with the victim that is initiated or continued without the victim's consent, that is beyond the scope of the consent provided by the victim, or that is in disregard of the victim's expressed desire that the contact be avoided or discontinued. "Nonconsensual contact" includes, but is not limited to: (1) Following the victim or maintaining surveillance, including by electronic means, on the victim; (2) Contacting the victim in a public place or on private property; (3) Appearing at the workplace or residence of the victim; (4) Entering onto or remaining on property owned, leased or occupied by the victim; (5) Contacting the victim by telephone or causing the victim's telephone to ring repeatedly or continuously regardless of whether a conversation ensues; (6) Sending mail or electronic communications to the victim; or (7) Placing an object on, or delivering an object to, property owned, leased or occupied by the victim. (d) "Victim" means a person who is the target of a course of conduct. (3) Stalking in the second degree is punishable by imprisonment in the county jail for not more than one (1) year or by a fine of not more than one thousand dollars ($ 1,000), or by both such fine and imprisonment. Montana Mont. Code Ann. § 45-5-220 Stalking -- exemption -- penalty. (2003) (1) A person commits the offense of stalking if the person purposely or knowingly causes another person substantial emotional distress or reasonable apprehension of bodily injury or death by repeatedly: (a) following the stalked person; or (b) harassing, threatening, or intimidating the stalked person, in person or by mail, electronic communication, as defined in 45-8-213, or any other action, device, or method. (2) This section does not apply to a constitutionally protected activity. (3) For the first offense, a person convicted of stalking shall be imprisoned in the county jail for a term not to exceed 1 year or fined an amount not to exceed $ 1,000, or both. For a second or subsequent offense or for a first offense against a victim who was under the protection of a restraining order directed at the offender, the offender shall be imprisoned in the state prison for a term not to exceed 5 years or fined an amount not to exceed $ 10,000, or both. A person convicted of stalking may be sentenced to pay all medical, counseling, and other costs incurred by or on behalf of the victim as a result of the offense. (4) Upon presentation of credible evidence of violation of this section, an order may be granted, as set forth in Title 40, chapter 15, restraining a person from engaging in the activity described in subsection (1). (5) For the purpose of determining the number of convictions under this section, "conviction" means: (a) a conviction, as defined in 45-2-101, in this state; (b) a conviction for a violation of a statute similar to this section in another state; or (c) a forfeiture of bail or collateral deposited to secure the defendant's appearance in court in this state or another state for a violation of a statute similar to this section, which forfeiture has not been vacated. (6) Attempts by the accused person to contact or follow the stalked person after the accused person has been given actual notice that the stalked person does not want to be contacted or followed constitutes prima facie evidence that the accused person purposely or knowingly followed, harassed, threatened, or intimidated the stalked person. Utah Utah Code Ann. § 76-5-106.5. Stalking -- Definitions -- Injunction -- Penalties. (2012) (1) As used in this section: (a) "Conviction" means: (i) a verdict or conviction; (ii) a plea of guilty or guilty and mentally ill; (iii) a plea of no contest; or (iv) the acceptance by the court of a plea in abeyance. (b) "Course of conduct" means two or more acts directed at or toward a specific person, including: (i) acts in which the actor follows, monitors, observes, photographs, surveils, threatens, or communicates to or about a person, or interferes with a person's property: (A) directly, indirectly, or through any third party; and (B) by any action, method, device, or means; or (ii) when the actor engages in any of the following acts or causes someone else to engage in any of these acts: (A) approaches or confronts a person; (B) appears at the person's workplace or contacts the person's employer or coworkers; (C) appears at a person's residence or contacts a person's neighbors, or enters property owned, leased, or occupied by a person; (D) sends material by any means to the person or for the purpose of obtaining or disseminating information about or communicating with the person to a member of the person's family or household, employer, coworker, friend, or associate of the person; (E) places an object on or delivers an object to property owned, leased, or occupied by a person, or to the person's place of employment with the intent that the object be delivered to the person; or (F) uses a computer, the Internet, text messaging, or any other electronic means to commit an act that is a part of the course of conduct. (c) "Immediate family" means a spouse, parent, child, sibling, or any other person who regularly resides in the household or who regularly resided in the household within the prior six months. (d) "Emotional distress" means significant mental or psychological suffering, whether or not medical or other professional treatment or counseling is required. (e) "Reasonable person" means a reasonable person in the victim's circumstances. (f) "Stalking" means an offense as described in Subsection (2) or (3). (g) "Text messaging" means a communication in the form of electronic text or one or more electronic images sent by the actor from a telephone or computer to another person's telephone or computer by addressing the communication to the recipient's telephone number. (2) A person is guilty of stalking who intentionally or knowingly engages in a course of conduct directed at a specific person and knows or should know that the course of conduct would cause a reasonable person: (a) to fear for the person's own safety or the safety of a third person; or (b) to suffer other emotional distress. (3) A person is guilty of stalking who intentionally or knowingly violates: (a) a stalking injunction issued pursuant to Title 77, Chapter 3a, Stalking Injunctions; or (b) a permanent criminal stalking injunction issued pursuant to this section. (4) In any prosecution under this section, it is not a defense that the actor: (a) was not given actual notice that the course of conduct was unwanted; or (b) did not intend to cause the victim fear or other emotional distress. (5) An offense of stalking may be prosecuted under this section in any jurisdiction where one or more of the acts that is part of the course of conduct was initiated or caused an effect on the victim. (6) Stalking is a class A misdemeanor: (a) upon the offender's first violation of Subsection (2); or (b) if the offender violated a stalking injunction issued pursuant to Title 77, Chapter 3a, Stalking Injunctions. (7) Stalking is a third degree felony if the offender: (a) has been previously convicted of an offense of stalking; (b) has been previously convicted in another jurisdiction of an offense that is substantially similar to the offense of stalking; (c) has been previously convicted of any felony offense in Utah or of any crime in another jurisdiction which if committed in Utah would be a felony, in which the victim of the stalking offense or a member of the victim's immediate family was also a victim of the previous felony offense; (d) violated a permanent criminal stalking injunction issued pursuant to Subsection (9); or (e) has been or is at the time of the offense a cohabitant, as defined in Section 78B-7-102, of the victim. (8) Stalking is a second degree felony if the offender: (a) used a dangerous weapon as defined in Section 76-1-601 or used other means or force likely to produce death or serious bodily injury, in the commission of the crime of stalking; (b) has been previously convicted two or more times of the offense of stalking; (c) has been convicted two or more times in another jurisdiction or jurisdictions of offenses that are substantially similar to the offense of stalking; (d) has been convicted two or more times, in any combination, of offenses under Subsection (7)(a), (b), or (c); (e) has been previously convicted two or more times of felony offenses in Utah or of crimes in another jurisdiction or jurisdictions which, if committed in Utah, would be felonies, in which the victim of the stalking was also a victim of the previous felony offenses; or (f) has been previously convicted of an offense under Subsection (7)(d) or (e). (9) (a) The following serve as an application for a permanent criminal stalking injunction limiting the contact between the defendant and the victim: (i) a conviction for: (A) stalking; or (B) attempt to commit stalking; or (ii) a plea to any of the offenses described in Subsection (9)(a)(i) accepted by the court and held in abeyance for a period of time. (b) A permanent criminal stalking injunction shall be issued by the court at the time of the conviction. The court shall give the defendant notice of the right to request a hearing. (c) If the defendant requests a hearing under Subsection (9)(b), it shall be held at the time of the conviction unless the victim requests otherwise, or for good cause. (d) If the conviction was entered in a justice court, a certified copy of the judgment and conviction or a certified copy of the court's order holding the plea in abeyance shall be filed by the victim in the district court as an application and request for a hearing for a permanent criminal stalking injunction. (10) A permanent criminal stalking injunction shall be issued by the district court granting the following relief where appropriate: (a) an order: (i) restraining the defendant from entering the residence, property, school, or place of employment of the victim; and (ii) requiring the defendant to stay away from the victim, except as provided in Subsection (11), and to stay away from any specified place that is named in the order and is frequented regularly by the victim; (b) an order restraining the defendant from making contact with or regarding the victim, including an order forbidding the defendant from personally or through an agent initiating any communication, except as provided in Subsection (11), likely to cause annoyance or alarm to the victim, including personal, written, or telephone contact with or regarding the victim, with the victim's employers, employees, coworkers, friends, associates, or others with whom communication would be likely to cause annoyance or alarm to the victim; and (c) any other orders the court considers necessary to protect the victim and members of the victim's immediate family or household. (11) If the victim and defendant have minor children together, the court may consider provisions regarding the defendant's exercise of custody and parent-time rights while ensuring the safety of the victim and any minor children. If the court issues a permanent criminal stalking injunction, but declines to address custody and parent-time issues, a copy of the stalking injunction shall be filed in any action in which custody and parent-time issues are being considered and that court may modify the injunction to balance the parties' custody and parent-time rights. (12) Except as provided in Subsection (11), a permanent criminal stalking injunction may be modified, dissolved, or dismissed only upon application of the victim to the court which granted the injunction. (13) Notice of permanent criminal stalking injunctions issued pursuant to this section shall be sent by the court to the statewide warrants network or similar system. (14) A permanent criminal stalking injunction issued pursuant to this section has effect statewide. (15) (a) Violation of an injunction issued pursuant to this section constitutes a third degree felony offense of stalking under Subsection (7). (b) Violations may be enforced in a civil action initiated by the stalking victim, a criminal action initiated by a prosecuting attorney, or both. (16) This section does not preclude the filing of a criminal information for stalking based on the same act which is the basis for the violation of the stalking injunction issued pursuant to Title 77, Chapter 3a, Stalking Injunctions, or a permanent criminal stalking injunction. Wyoming Wyo. Stat. § 6-2-506. Stalking; penalty. (2007) (a) As used in this section: (i) "Course of conduct" means a pattern of conduct composed of a series of acts over any period of time evidencing a continuity of purpose; (ii) "Harass" means to engage in a course of conduct, including but not limited to verbal threats, written threats, lewd or obscene statements or images, vandalism or non-consensual physical contact, directed at a specific person or the family of a specific person, which the defendant knew or should have known would cause a reasonable person to suffer substantial emotional distress, and which does in fact seriously alarm the person toward whom it is directed. (b) Unless otherwise provided by law, a person commits the crime of stalking if, with intent to harass another person, the person engages in a course of conduct reasonably likely to harass that person, including but not limited to any combination of the following: (i) Communicating, anonymously or otherwise, or causing a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses; (ii) Following a person, other than within the residence of the defendant; (iii) Placing a person under surveillance by remaining present outside his or her school, place of employment, vehicle, other place occupied by the person, or residence other than the residence of the defendant; or (iv) Otherwise engaging in a course of conduct that harasses another person. (c) This section does not apply to an otherwise lawful demonstration, assembly or picketing. (d) Except as provided under subsection (e) of this section, stalking is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. (e)A person convicted of stalking under subsection (b) of this section is guilty of felony stalking punishable by imprisonment for not more than ten (10) years, if: (i) The act or acts leading to the conviction occurred within five (5) years of a prior conviction under this subsection, or under subsection (b) of this section, or under a substantially similar law of another jurisdiction; (ii) The defendant caused serious bodily harm to the victim or another person in conjunction with committing the offense of stalking; (iii) The defendant committed the offense of stalking in violation of any condition of probation, parole or bail; or (iv) The defendant committed the offense of stalking in violation of a temporary or permanent order of protection issued pursuant to W.S. 7-3-508 or 7-3-509, or pursuant to a substantially similar law of another jurisdiction.

anti-stalking laws

Anti-Stalking Laws in the Mountain States and What They Mean for You

Anti-Stalking Laws in the Southern Central States

Anti-Stalking Laws in the Northern Midwest and What they Mean for You