west coast

So, we have made it to the west coast with the criminal stalking statutes available 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. Alaska Arizona California Hawaii Nevada Oregon Washington 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.* Alaska Alaska Stat. § 11.41.260 Stalking in the first degree. (2006) (a) A person commits the crime of stalking in the first degree if the person violates AS 11.41.270 and (1) the actions constituting the offense are in violation of an order issued or filed under AS 18.66.100 -- 18.66.180 or issued under former AS 25.35.010(b) or 25.35.020; (2) the actions constituting the offense are in violation of a condition of probation, release before trial, release after conviction, or parole; (3) the victim is under 16 years of age; (4) at any time during the course of conduct constituting the offense, the defendant possessed a deadly weapon; (5) the defendant has been previously convicted of a crime under this section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another jurisdiction with elements similar to a crime under this section, AS 11.41.270, or AS 11.56.740; or (6) the defendant has been previously convicted of a crime, or an attempt or solicitation to commit a crime, under (A) AS 11.41.100 -- 11.41.250, 11.41.300 -- 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a law or an ordinance of this or another jurisdiction with elements similar to a crime, or an attempt or solicitation to commit a crime, under AS 11.41.100 -- 11.41.250, 11.41.300 -- 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, involving the same victim as the present offense. (b) In this section, "course of conduct" and "victim" have the meanings given in AS 11.41.270(b). (c) Stalking in the first degree is a class C felony. Alaska Stat. § 11.41.270. Stalking in the second degree. (2011) (a) A person commits the crime of stalking in the second degree if the person knowingly engages in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the death or physical injury of a family member. (b) In this section, (1) "course of conduct" means repeated acts of non-consensual contact involving the victim or a family member; (2) "device" includes software; (3) "family member" means a (A) spouse, child, grandchild, parent, grandparent, sibling, uncle, aunt, nephew, or niece, of the victim, whether related by blood, marriage, or adoption; (B) person who lives, or has previously lived, in a spousal relationship with the victim; (C) person who lives in the same household as the victim; or (D) person who is a former spouse of the victim or is or has been in a dating, courtship, or engagement relationship with the victim; (4) "non-consensual contact" means any contact with another person that is initiated or continued without that person's consent, that is beyond the scope of the consent provided by that person, or that is in disregard of that person's expressed desire that the contact be avoided or discontinued; "non-consensual contact" includes (A) following or appearing within the sight of that person; (B) approaching or confronting that person in a public place or on private property; (C) appearing at the workplace or residence of that person; (D) entering onto or remaining on property owned, leased, or occupied by that person; (E) contacting that person by telephone; (F) sending mail or electronic communications to that person; (G) placing an object on, or delivering an object to, property owned, leased, or occupied by that person; (H) following or monitoring that person with a global positioning device or similar technological means; (I) using, installing, or attempting to use or install a device for observing, recording, or photographing events occurring in the residence, vehicle, or workplace used by that person, or on the personal telephone or computer used by that person; (5) "victim" means a person who is the target of a course of conduct. (c) Stalking in the second degree is a class A misdemeanor. Arizona A.R.S. § 13-2923. Stalking; classification; exceptions; definitions A. A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct causes the victim to: 1. Suffer emotional distress or reasonably fear that either: (a) The victim’s property will be damaged or destroyed. (b) Any of the following will be physically injured: (i) The victim. (ii) The victim’s family member, domestic animal or livestock. (iii) A person with whom the victim has or has previously had a romantic or sexual relationship. (iv) A person who regularly resides in the victim’s household or has resided in the victim’s household within the six months before the last conduct occurred. 2. Reasonably fear death or the death of any of the following: (a) The victim’s family member, domestic animal or livestock. (b) A person with whom the victim has or has previously had a romantic or sexual relationship. (c) A person who regularly resides in the victim’s household or has resided in the victim’s household within the six months before the last conduct occurred. B. This section does not apply to an interactive computer service, as defined in 47 United States Code section 230(f)(2), or to an information service or telecommunications service, as defined in 47 United States Code section 153, for content that is provided by another person. C. Stalking under subsection A, paragraph 1 of this section is a class 5 felony. Stalking under subsection A, paragraph 2 of this section is a class 3 felony. D. For the purposes of this section: 1. “Course of conduct”: (a) Means directly or indirectly, in person or through one or more third persons or by any other means, to do any of the following: (i) Maintain visual or physical proximity to a specific person or direct verbal, written or other threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short. (ii) Use any electronic, digital or global positioning system device to surveil a specific person or a specific person’s internet or wireless activity continuously for twelve hours or more or on two or more occasions over a period of time, however short, without authorization. (iii) Communicate, or cause to be communicated on more than one occasion, words, images or language by or through the use of electronic mail or an electronic communication that is directed at a specific person without authorization and without a legitimate purpose. (b) Does not include constitutionally protected activity or other activity authorized by law, the other person, the other person’s authorized representative or if the other person is a minor, the minor’s parent or guardian. 2. “Emotional distress” means significant mental suffering or distress that may, but does not have to, require medical or other professional treatment or counseling. California Cal Pen Code § 646.9 . Stalking. (2008) (a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison. (b) Any person who violates subdivision (a) when there is a temporary restraining order, injunction, or any other court order in effect prohibiting the behavior described in subdivision (a) against the same party, shall be punished by imprisonment in the state prison for two, three, or four years. (c) (1) Every person who, after having been convicted of a felony under Section 273.5, 273.6, or 422, commits a violation of subdivision (a) shall be punished by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or five years. (2) Every person who, after having been convicted of a felony under subdivision (a), commits a violation of this section shall be punished by imprisonment in the state prison for two, three, or five years. (d) In addition to the penalties provided in this section, the sentencing court may order a person convicted of a felony under this section to register as a sex offender pursuant to Section 290.006. (e) For the purposes of this section, "harasses" means engages in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose. (f) For the purposes of this section, "course of conduct" means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct." (g) For the purposes of this section, "credible threat" means a verbal or written threat, including that performed through the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent to place the person that is the target of the threat in reasonable fear for his or her safety or the safety of his or her family, and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family. It is not necessary to prove that the defendant had the intent to actually carry out the threat. The present incarceration of a person making the threat shall not be a bar to prosecution under this section. Constitutionally protected activity is not included within the meaning of "credible threat." (h) For purposes of this section, the term "electronic communication device" includes, but is not limited to, telephones, cellular phones, computers, video recorders, fax machines, or pagers. "Electronic communication" has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code. (i) This section shall not apply to conduct that occurs during labor picketing. (j) If probation is granted, or the execution or imposition of a sentence is suspended, for any person convicted under this section, it shall be a condition of probation that the person participate in counseling, as designated by the court. However, the court, upon a showing of good cause, may find that the counseling requirement shall not be imposed. (k) (1) The sentencing court also shall consider issuing an order restraining the defendant from any contact with the victim, that may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. (2) This protective order may be issued by the court whether the defendant is sentenced to state prison, county jail, or if imposition of sentence is suspended and the defendant is placed on probation. (l) For purposes of this section, "immediate family" means any spouse, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household. (m) The court shall consider whether the defendant would benefit from treatment pursuant to Section 2684. If it is determined to be appropriate, the court shall recommend that the Department of Corrections and Rehabilitation make a certification as provided in Section 2684. Upon the certification, the defendant shall be evaluated and transferred to the appropriate hospital for treatment pursuant to Section 2684. Hawaii HRS § 711-1106.4. Aggravated harassment by stalking. (2003) (1) A person commits the offense of aggravated harassment by stalking if that person commits the offense of harassment by stalking as provided in section 711-1106.5 and has been convicted previously of harassment by stalking under section 711-1106.5 within five years of the instant offense. (2) Aggravated harassment by stalking is a class C felony. HRS § 711-1106.5 Harassment by stalking. (2009) (1) A person commits the offense of harassment by stalking if, with intent to harass, annoy, or alarm another person, or in reckless disregard of the risk thereof, that person engages in a course of conduct involving pursuit, surveillance, or non-consensual contact upon the other person on more than one occasion without legitimate purpose. (2) A person convicted under this section may be required to undergo a counseling program as ordered by the court. (3) For purposes of this section, "nonconsensual contact" means any contact that occurs without that individual's consent or in disregard of that person's express desire that the contact be avoided or discontinued. Nonconsensual contact includes direct personal visual or oral contact and contact via telephone, facsimile, or any form of electronic communication, as defined in section 711-1111(2), including electronic mail transmission. (4) Harassment by stalking is a misdemeanor. Nevada Nev.Rev. Stat. Ann. § 200.575. Stalking: Definitions; penalties. (2009) 1. A person who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed, or fearful for the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, or harassed, or fearful for the immediate safety of a family or household member, commits the crime of stalking. Except where the provisions of subsection 2 or 3 are applicable, a person who commits the crime of stalking: (a) For the first offense, is guilty of a misdemeanor. (b) For any subsequent offense, is guilty of a gross misdemeanor. 2. A person who commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause him to be placed in reasonable fear of death or substantial bodily harm commits the crime of aggravated stalking. A person who commits the crime of aggravated stalking shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000. 3. A person who commits the crime of stalking with the use of an Internet or network site, or electronic mail, text messaging or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony as provided in NRS 193.130. 4. Except as otherwise provided in subsection 2 of NRS 200.571, a criminal penalty provided for in this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct. 5. If the court finds that a person convicted of stalking pursuant to this section committed the crime against a person listed in subsection 1 of NRS 33.018 and that the victim has an ongoing, reasonable fear of physical harm, the court shall enter the finding in its judgment of conviction or admonishment of rights. 6. If the court includes such a finding in a judgment of conviction or admonishment of rights issued pursuant to this section, the court shall: (a) Inform the person convicted that he or she is prohibited from owning, possessing or having under his or her control or custody any firearm pursuant to NRS 202.360; and (b) Order the person convicted to permanently surrender, sell or transfer any firearm that he or she owns or that is in his or her possession or under his or her custody or control in the manner set forth in section 5 of this act. 7. A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant to this section concerning the surrender, sale, transfer, ownership, possession, custody or control of a firearm is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000. The court must include in the judgment of conviction or admonishment of rights a statement that a violation of such a provision in the judgment or admonishment is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000. 8. As used in this section: (a) "Course of conduct" means a pattern of conduct which consists of a series of acts over time that evidences a continuity of purpose directed at a specific person. (b) "Family or household member" means a spouse, a former spouse, a parent or other person who is related by blood or marriage or is or was actually residing with the person. (c) "Internet or network site" has the meaning ascribed to it in NRS 205.4744. (d) "Network" has the meaning ascribed to it in NRS 205.4745. (e) "Provider of Internet service" has the meaning ascribed to it in NRS 205.4758. (f) "Text messaging" means a communication in the form of electronic text or one or more electronic images sent from a telephone or computer to another person's telephone or computer by addressing the communication to the recipient's telephone number. (g) "Without lawful authority" includes acts which are initiated or continued without the victim's consent. The term does not include acts which are otherwise protected or authorized by constitutional or statutory law, regulation or order of a court of competent jurisdiction, including, but not limited to: (1) Picketing which occurs during a strike, work stoppage or any other labor dispute. (2) The activities of a reporter, photographer, cameraman or other person while gathering information for communication to the public if that person is employed or engaged by or has contracted with a newspaper, periodical, press association or radio or television station and is acting solely within that professional capacity. (3) The activities of a person that are carried out in the normal course of his lawful employment. (4) Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly. Oregon 163.730. As used in ORS 30.866 and 163.730 to 163.750, unless the context requires otherwise: (1) "Alarm" means to cause apprehension or fear resulting from the perception of danger. (2) "Coerce" means to restrain, compel or dominate by force or threat. (3) "Contact" includes but is not limited to: (a) Coming into the visual or physical presence of the other person; (b) Following the other person; (c) Waiting outside the home, property, place of work or school of the other person or of a member of that person's family or household; (d) Sending or making written or electronic communications in any form to the other person; (e) Speaking with the other person by any means; (f) Communicating with the other person through a third person; (g) Committing a crime against the other person; (h) Communicating with a third person who has some relationship to the other person with the intent of affecting the third person's relationship with the other person; (i) Communicating with business entities with the intent of affecting some right or interest of the other person; (j) Damaging the other person's home, property, place of work, or school; (k) Delivering directly or through a third person any object to the home, property, place of work, or school of the other person; or (L) Service of process or other legal documents unless the other person is served as provided in ORCP 7 or 9. (4) "Household member" means any person residing in the same residence as the victim. (5) "Immediate family" means father, mother, child, sibling, spouse, grandparent, stepparent, and stepchild. (6) "Law enforcement officer" means: (a) A person employed in this state as a police officer by: (A) A county sheriff, constable, or marshal; (B) A police department established by a university under ORS 352.383 or 353.125; or (C) A municipal or state police agency; or (b) An authorized tribal police officer as defined in section 1, chapter 644, Oregon Laws 2011. (7) "Repeated" means two or more times. (8) "School" means a public or private institution of learning or a child care facility. Note: 163.730 to 163.753 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. ORS § 163.732. Stalking. (1995) (1) A person commits the crime of stalking if: (a) The person knowingly alarms or coerces another person or a member of that person's immediate family or household by engaging in repeated and unwanted contact with the other person; (b) It is objectively reasonable for a person in the victim's situation to have been alarmed or coerced by the contact; and (c) The repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim's immediate family or household. (2) (a) Stalking is a Class A misdemeanor. (b) Notwithstanding paragraph (a) of this subsection, stalking is a Class C felony if the person has a prior conviction for: (A) Stalking; or (B) Violating a court's stalking protective order. (c) When stalking is a Class C felony pursuant to paragraph (b) of this subsection, stalking shall be classified as a person felony and as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission. ORS § 163.750.Violating court's stalking protective order. (1995) (1) A person commits the crime of violating a court's stalking protective order when: (a) The person has been served with a court's stalking protective order as provided in ORS 30.866 or 163.738 or if further service was waived underORS 163.741 because the person appeared before the court; (b) The person, subsequent to the service of the order, has engaged intentionally, knowingly or recklessly in conduct prohibited by the order; and (c) If the conduct is prohibited contact as defined in ORS 163.730 (3)(d), (e), (f), (h) or (i), the subsequent conduct has created reasonable apprehension regarding the personal safety of a person protected by the order. (2) (a) Violating a court's stalking protective order is a Class A misdemeanor. (b) Notwithstanding paragraph (a) of this subsection, violating a court's stalking protective order is a Class C felony if the person has a prior conviction for: (A) Stalking; or (B) Violating a court's stalking protective order. (c) When violating a court's stalking protective order is a Class C felony pursuant to paragraph (b) of this subsection, violating a court's stalking protective order shall be classified as a person felony and as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission. Washington Rev. Code Wash. (ARCW) § 9A.46.110. Stalking. (2007) (1) A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime: (a) He or she intentionally and repeatedly harasses or repeatedly follows another person; and (b) The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and (c) The stalker either: (i) Intends to frighten, intimidate, or harass the person; or (ii) Knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person. (2) (a) It is not a defense to the crime of stalking under subsection (1)(c)(i) of this section that the stalker was not given actual notice that the person did not want the stalker to contact or follow the person; and (b) It is not a defense to the crime of stalking under subsection (1)(c)(ii) of this section that the stalker did not intend to frighten, intimidate, or harass the person. (3) It shall be a defense to the crime of stalking that the defendant is a licensed private investigator acting within the capacity of his or her license as provided by chapter 18.165 RCW. (4) Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitutes prima facie evidence that the stalker intends to intimidate or harass the person. "Contact" includes, in addition to any other form of contact or communication, the sending of an electronic communication to the person. (5) (a) Except as provided in (b) of this subsection, a person who stalks another person is guilty of a gross misdemeanor. (b) A person who stalks another is guilty of a class C felony if any of the following applies: (i) The stalker has previously been convicted in this state or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim's family or household or any person specifically named in a protective order; (ii) the stalking violates any protective order protecting the person being stalked; (iii) the stalker has previously been convicted of a gross misdemeanor or felony stalking offense under this section for stalking another person; (iv) the stalker was armed with a deadly weapon, as defined in RCW 9.94A.602, while stalking the person; (v)(A) the stalker's victim is or was a law enforcement officer; judge; juror; attorney; victim advocate; legislator; community corrections' officer; an employee, contract staff person, or volunteer of a correctional agency; or an employee of the child protective, child welfare, or adult protective services division within the department of social and health services; and (B) the stalker stalked the victim to retaliate against the victim for an act the victim performed during the course of official duties or to influence the victim's performance of official duties; or (vi) the stalker's victim is a current, former, or prospective witness in an adjudicative proceeding, and the stalker stalked the victim to retaliate against the victim as a result of the victim's testimony or potential testimony. (6) As used in this section: (a) "Correctional agency" means a person working for the department of natural resources in a correctional setting or any state, county, or municipally operated agency with the authority to direct the release of a person serving a sentence or term of confinement and includes but is not limited to the department of corrections, the indeterminate sentence review board, and the department of social and health services. (b) "Follows" means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person's home, school, place of employment, business, or any other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another. (c) "Harasses" means unlawful harassment as defined in RCW 10.14.020. (d) "Protective order" means any temporary or permanent court order prohibiting or limiting violence against, harassment of, contact or communication with, or physical proximity to another person. (e) "Repeatedly" means on two or more separate occasions. Rev. Code Wash. (ARCW) § 9.61.260. Cyberstalking. (2004) (1) A person is guilty of cyberstalking if he or she, with intent to harass, intimidate, torment, or embarrass any other person, and under circumstances not constituting telephone harassment, makes an electronic communication to such other person or a third party: (a) Using any lewd, lascivious, indecent, or obscene words, images, or language, or suggesting the commission of any lewd or lascivious act; (b) Anonymously or repeatedly whether or not conversation occurs; or (c) Threatening to inflict injury on the person or property of the person called or any member of his or her family or household. (2) Cyberstalking is a gross misdemeanor, except as provided in subsection (3) of this section. (3) Cyberstalking is a class C felony if either of the following applies: (a) The perpetrator has previously been convicted of the crime of harassment, as defined in RCW 9A.46.060, with the same victim or a member of the victim's family or household or any person specifically named in a no-contact order or no-harassment order in this or any other state; or (b) The perpetrator engages in the behavior prohibited under subsection (1)(c) of this section by threatening to kill the person threatened or any other person. (4) Any offense committed under this section may be deemed to have been committed either at the place from which the communication was made or at the place where the communication was received. (5) For purposes of this section, "electronic communication" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. "Electronic communication" includes, but is not limited to, electronic mail, internet-based communications, pager service, and electronic text messaging.