This guide provides an overview of the law of stalking. Topics covered include civil compared to criminal offenses, protective orders, cyberstalking, and links to other resources.
Iowa USLegal Guide to Stalking
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FAQ
The purpose of the offender ensuring his/her presence and intent toward the potential victim is to "control and to intimidate the victim" (Gosselin 302). Chapters 7 - 11 Flashcards - Quizlet quizlet.com ? chapters-7-11-flash-cards quizlet.com ? chapters-7-11-flash-cards
These are: the defendant willfully and maliciously harassed or willfully, maliciously, and repeatedly followed another person, and. the defendant made a credible threat with the intent to place the other person in reasonable fear for his safety (or for the safety of his immediate family).
Stalking involves persistently following someone. It does not necessarily mean following them in person and can include watching, spying or forcing contact with the victim through any means, including through social media. Stalking involving fear of violence or serious alarm or distress is a more serious offence. Harassment and stalking - Sentencing Council sentencingcouncil.org.uk ? outlines ? harass... sentencingcouncil.org.uk ? outlines ? harass...
A person commits harassment in the first degree when the person commits harassment involving a threat to commit a forcible felony, or commits harassment and has previously been convicted of harassment three or more times under this section or any similar statute during the preceding ten years.
The Legal Elements of Stalking In most States, to charge and convict a defendant of stalking, several elements must be proven beyond a reasonable doubt: a course of conduct or behavior, the presence of threats, and the criminal intent to cause fear in the victim. Domestic Violence, Stalking, and Antistalking Legislation Office of Justice Programs (.gov) ? pdffiles ? stlkbook Office of Justice Programs (.gov) ? pdffiles ? stlkbook PDF
Stalking Intent In most states, the defendant must commit the criminal act willfully or maliciously (Cal. Penal Code § 646.9, 2011). This indicates a specific intent or purposeful conduct. However, in states that require the victim to experience harm, a different criminal intent could support the harm offense element. 10.3 Domestic Violence and Stalking ? Criminal Law umn.edu ? criminallaw ? chapter ? 10-3-... umn.edu ? criminallaw ? chapter ? 10-3-...
