State Statute Law Without Violence

• Category: Criminal - Stalking
• State: Multi-State
• Control #: US-GDE-18
• Format: Word; Rich Text

Description

The USLegal Guide to Stalking discusses state statute law regarding stalking, identifying it as a crime across all states while differentiating between general and specific intent crimes. General intent crimes require proof that the perpetrator intended to carry out their actions, not necessarily to instill fear, while specific intent crimes necessitate an intention to cause fear. This guide highlights that less than one-third of states classify stalking as a felony for first offenses and outlines the distinction between civil and criminal offenses. Civil actions, which often have a lower burden of proof, offer victims a means to recover damages for losses incurred from stalking, such as security measures or emotional distress. Protective orders provide another layer of safety, helping victims maintain distance from their stalkers, with procedural variations across states. The guide also addresses the implications of cyberstalking, emphasizing its recognition under both state and federal laws. Given the complexities of legal processes in stalking cases, the document serves as a crucial resource for attorneys, partners, owners, associates, paralegals, and legal assistants, enabling them to navigate protective measures and pursue appropriate legal actions effectively.