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.
Mississippi USLegal Guide to Stalking
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Mississippi Code Title 97 Statute 97-3-2 Laws. An offense is classified as a violent crime when an individual causes bodily injuries or uses threats of harm whilst committing a crime. Violent crimes can be charged as either misdemeanors or felonies, depending on the nature and severity of the crime.
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.
Aggravated stalking is a felony punishable as follows: Except as provided in subparagraph (ii), by imprisonment in the custody of the Department of Corrections for not more than five (5) years and a fine of not more than Three Thousand Dollars ($3,000.00).
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.
Offensive conduct can include, but is not limited to, offensive jokes, slurs, epithets, physical assaults or threats, intimidation, ridicule, insults, offensive objects or pictures, and interference with work performance. A harasser can be a supervisor, agent of the employer, co-worker, or a non-employee.
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.
Under Mississippi law, cyberstalking is classified as a felony, meaning the offender can face up to two (2) years in prison as well as a $5,000 fine.
Title 97 - Crimes. Chapter 3 - Crimes Against the Person. § 97-3-7. Simple assault; aggravated assault; simple domestic violence; simple domestic violence third; aggravated domestic violence; aggravated domestic violence third.