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.
Maryland USLegal Guide to Stalking
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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.
Harassment, covered by state code § 3-803, is defined as following another individual in or around a public place, or maliciously engaging in repeated behavior that seriously annoys or alarms another individual: With the intent to annoy, alarm or harass.
In 1996 Congress passed an anti-stalking law as part of the Violence Against Women Act (VAWA). Under this law it is a federal felony to cross state lines to stalk or harass an individual if the conduct causes fear of serious bodily injury or death to the stalking victim or to the victim's immediate family members.
If a person is guilty of stalking, then the individual faces conviction of a misdemeanor with up to five years in prison and/or a fine of $5,000 or less.
In order to gain a conviction in a case of harassment, the state must prove that the defendant followed another in or about a public place, or that the defendant maliciously engaged in a course of conduct that alarmed or seriously annoyed another.
California Penal Code 646.9 PC makes it a crime to follow, harass, or threaten someone to the point they fear for their safety. In a domestic violence case, the criminal offense of stalking is a serious issue. California has some of the toughest and most comprehensive laws in the United States.
In order to gain a conviction in a case of harassment, the state must prove that the defendant followed another in or about a public place, or that the defendant maliciously engaged in a course of conduct that alarmed or seriously annoyed another.
