This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case. Stalking
Analyzing Stalking Laws
9 GCA § 19.69. Definitions. (1993)
Unless otherwise indicated, as used in § 19.70:
9 GCA § 19.70. Stalking.(1993)
(a) Harasses or harassment means a knowing and willful course of conduct, whether physical, verbal, electronic, telephonic, written, or otherwise, directed at a specific person which alarms, annoys, or distresses the person, and which serves no legitimate purpose. Such course of conduct must be of a nature to cause a reasonable person to suffer substantial emotional distress, and must cause substantial emotional distress.
(b) Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing continuity of purpose. Constitutionally and statutorily protected activity, including but not limited to picketing as a result of a labor dispute, is not included in this definition.
(c) Credible threat means any threat, physical or verbal, overtly or subtly manifested, constituting a threat with the intent and apparent ability to carry out the threat with the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family. Such threatening advance must be against the life of, or a threat to cause bodily injury to, the person threatened or to a member of his or her immediate family.
(a) A person is guilty of simple stalking if he or she willfully, maliciously, and repeatedly, follows or harasses another person or who makes a credible threat with intent to place that person or a member of his or her immediate family in fear of death or bodily injury.
(b) A person is guilty of advanced stalking if he or she violates subsection (a) of this section when there is a temporary restraining order or an injunction or both or any other court order in effect prohibiting the behavior described in that subsection against the same party.
(c) A person is guilty of advanced stalking if he or she violates subsection (a) of this section a second or subsequent time against the same victim, within seven (7) years of a prior conviction under that subsection, and involving an harassment or a credible threat of violence, as defined in this § 19.69 of this Chapter.
(d) Simply stalking is a felony of the third degree.
(e) Advanced stalking is a felony of the second degree.
(f) This section shall not apply to conduct which occurs during labor picketing.
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