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.
Wisconsin USLegal Guide to Stalking
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Stalking may include following a person; driving by a victim's place of employment or school; sending unwanted gifts, cards, or e-mails; persistently calling or text messaging; tracking a victim's whereabouts using technology such as cameras or global positioning systems (GPSs); vandalizing property; and threatening to ...
(a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking, ...
In sum, to be guilty of Stalking under CPC §646.9(a), the prosecution must prove that: You harassed or repeatedly followed another person; AND, You made a threat placing the person in fear for his or her safety or for the safety of family.
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.
Stalking acts include, but are not limited to: Maintaining a visual or physical proximity to the victim. Approaching or confronting the victim. Appearing at the victim's workplace or contacting coworkers or employers of the victim.
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.
What 3 elements must be present in order to prove the crime of stalking? Person willfully, maliciously, and repeatedly follows or harasses another. Person made a credible threat. Made threat with specific intent to place person in reasonable fear for their or their families safety.
