Is Stalking A Crime

Is Stalking a Crime? An In-Depth Look

Stalking behaviors can range from annoying to terrifying. But at what point does stalking actually become illegal? Let’s take an in-depth look.

What is Stalking?

Stalking generally refers to repeated harassing or threatening behavior towards another person. This could include following someone, showing up uninvited, sending unwanted messages, making unwanted phone calls, leaving unwanted items or gifts, monitoring someone’s activities, and more.
Some key components of stalking behavior are:

• It’s unwanted and causes fear or concern for one’s safety
• It’s repeated, not usually an isolated incident
• The perpetrator knows or should reasonably know that the behavior is unwanted and causing harm

Not all annoying or persistent behavior rises to the level of criminal stalking. Typically, stalking laws require that the behavior would cause a “reasonable person” to feel fear or suffer emotional distress.

Is Stalking Illegal?

Stalking can be considered illegal in all 50 states. However, specific stalking laws and penalties vary widely across states.
Some key factors that determine if stalking behavior crosses into illegal territory:

• Making credible threats of violence or bodily harm
• Violating a restraining order or no contact order
• Stalking a minor under 18 years old
• Stalking that involves breaking and entering, theft, or property damage
• Stalking after being clearly told to stop (continuing unwanted contact)
• Stalking that causes the victim to genuinely fear for their safety or suffer severe emotional distress

So while annoying or persistent courtship behaviors don’t necessarily constitute stalking under the law, any behaviors that could reasonably cause someone to fear for their safety could be considered criminal stalking.

Penalties for Stalking

Penalties vary widely by state but may include:

• Up to 5 years in prison
• Fines up to $10,000+
• Mandatory counseling or psychiatric treatment
• Extended restraining orders up to 10 years
• GPS monitoring
• Unsupervised probation

Penalties tend to escalate for repeat offenders or if the stalking involves physical assault, injury, or the use of weapons.

Defenses Against Stalking Charges

Some common defenses against criminal stalking charges include:

• Lack of intent – the defendant can argue they never intended to cause fear or distress and immediately stopped contact when asked
• Free speech – the defense may claim the repeated contact was protected under free speech and did not cross over into true harassment or threats
• False allegations – the defendant may claim the alleged victim is fabricating the stalking claims for ulterior motives like revenge or custody disputes
• Cultural misunderstanding – someone from a different cultural background may not have understood their persistent pursuit was unwanted and seen as threatening

These defenses don’t always work, but a skilled defense lawyer may be able to get charges reduced or dismissed by arguing the behavior wasn’t threatening or intentional harassment meeting the legal definition of stalking.

Can Social Media Be Considered Stalking?

Yes, unwanted social media contact like repeated friend requests, messages, posts tagging someone, or sharing private photos without consent may constitute stalking if it would cause a reasonable person fear or distress.
Some examples of cyberstalking behaviors that could lead to criminal charges:

• Repeatedly creating new social media accounts to contact someone after being blocked
• Sharing someone’s private images or location online without consent
• Making physical threats or encouraging others to harass the victim
• Hacking into someone’s email, social media, or device to monitor them without consent
• Using tracking apps or location data to monitor someone’s real-time location/activities without their permission

So while some bothersome social media behaviors may not rise to the level of criminal stalking, any repeated contact that could reasonably cause someone to fear for their safety can potentially lead to stalking charges.

Getting a Restraining Order

If you feel you are being stalked, a restraining order may help halt the unwanted contact.
Restraining orders typically order the stalker to:

• Stop all contact, direct and indirect
• Stay a certain distance away – often 500+ feet
• Not possess firearms
• Potentially move out of a shared residence
• Other case-specific directives

Violating a restraining order generally constitutes the crime of stalking and can result in fines or jail time.
So while an initial restraining order is a civil matter, it puts the stalker on notice. Any subsequent unwanted contacts could potentially lead to criminal charges.

Getting Help

If you feel you are being stalked and fear for your safety, don’t hesitate to call 911 and make a police report. You can also contact a domestic violence agency or lawyer to discuss legal options like restraining orders.
While stalking behaviors can seem ambiguous at first, any repeated contacts that cause reasonable fear or distress should be addressed swiftly before the behavior potentially escalates. Don’t dismiss those gut feelings of discomfort – speak up and get help stopping the unwanted contact.

The Bottom Line

Stalking laws vary widely but generally prohibit any repeated harassing contacts that would cause a reasonable person fear or severe emotional distress. Penalties escalate for threats, violence, violating a restraining order, or stalking a minor.