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
Stalking 33 L.P.R.A. § 4013. Definitions. (2000)
For the purposes of §§ 4013-4026 of this title, the following terms shall have the meaning stated below:
(a) Stalking. Means a pattern of behavior of vigilance, over a person; unwanted verbal or written communications are sent repeatedly to a specific person; written, verbal or implicit threats are made against a specific person; repeated acts of
vandalism are directed to a specific person; repeated harassment through words, gestures or actions intended to intimidate, threaten or pursue the victim or members of his/her family.
(b) Persistent behavior pattern. Means to make in [sic] two (2) or more occasions acts that show the intentional purpose of intimidating a specific person or his/her family members.
(1) Family. Means: Spouse, son, daughter, father, mother, grandfather,
grandmother, grandson, granddaughter, brother, sister, uncle, aunt, nephew, niece, male or female cousin of the victim; or other relative by consanguinity, or affinity who is part of the family nucleus.
(2) A person who lives or has formerly cohabited with the victim
as a couple;
or has been involved in a relationship as a paramour or
(3) A person who resides or has resided in the same dwelling as
the victim, for at least six (6) months
before the acts constituting stalking are evident.
(d) Intimidate. Means any repeated
action or word that instills terror in the animus of a prudent and reasonable
person, to the effect that [he/]she, or any member of the family could suffer
harm, personally, or of [his/]her property, and/or exert moral pressure on the
animus of the person to perform an act against [his/]her will.
order. Means any
written order under the seal of a court whereby the measures are dictated to
an offender to abstain from incurring or performing certain acts that
(f) Respondent. Means any person
against whom an order of protection is requested.
(g) Petitioner. Means any person
who requests a restraining order.
(h) Court. Means the Trial
Court of the General Court of Justice.
officer. Means any
member or officer of the Police of Puerto
Rico; or a municipal policeman duly trained and accredited by
the Police of Puerto
33 L.P.R.A. § 4014. Delinquent conduct; penalties. (2004)
(a) Any person who intentionally
demonstrates a constant or repetitive pattern of stalking addressed to intimidate a specific person to the effect that said person or
any member of his/her family could suffer personal or property damage; or that
maintains said type of conduct, knowing that a certain person could reasonably
feel intimidated, shall incur a misdemeanor. The court may impose the
penalty of restitution, in addition to the penalty of imprisonment thus
(b) Stalking, as typified in §§ 4013--4026 of
this title, shall be charged as a fourth degree felony, if one or more of the
following circumstances exist:
dwelling of a certain person or a member of his/her family is entered, thus
instilling fear of suffering physical injury, and/or exerting moral pressure
on the person's animus to perform an act that is against his/her will;
bodily injury is inflicted on a certain person or a member of his/her family;
(3) it is
committed with a deadly weapon in circumstances not intended to kill or
(4) it is
committed after a restraining order has been issued against the offender, in
aid of the victim of stalking or other person who is also stalked by the offender; or
act of vandalism is committed that destroys property in the places that are
adjacent or relatively close to the home, residence, school, workplace, or
vehicle of a certain person or member of the family; or
committed by an adult against a child, or
committed against a pregnant woman.
The court may impose the penalty
of restitution in addition to the established term of imprisonment. The
prosecution and punishment of any person for the crime defined and punished in
§§ 4013--4026 of this title, shall not prevent the prosecution and punishment
of the same person for any other act or omission in violation of any of the
other provisions of §§ 4013--4026 of this title, or any other act.
Back to top