United States v. Shrader, 737 F. Supp. 2d 589 (2010)
The State filed an indictment against the defendant for stalking by use of interstate facility against victim DS. Then the state filed a second indictment against the defendant based on the same course of conduct but against a second victim, the husband of DS. The defendant filed a motion to elect arguing that count one and count two were multiplicitous. The court ruled that Congress intended to define the unit of prosecution as the specific person or victim, not by the course of conduct. Additionally, the Federal Stalking statute, §2261A(2)(B), specifically includes a provision for members of the victim’s immediate family or the victim’s spouse/intimate partner.
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