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What is considered "stalking" by law? Also, what are the possible sentences or punishments should a stalker be found guilty?

Asked on Sep 20th, 2000 on Criminal Law - Indiana
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What is considered "stalking" by law? Also, what are the possible sentences or punishments should a stalker be found guilty?
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Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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"Stalking" is a crime of harassment. The exact definition of stalking, and the acts that may be held to constitute the offense of stalking are likely to vary from state to state. Generally, a person commits the offense of stalking if he or she makes a credible threat to another person and, in connection with the threat, repeatedly follows that person or repeatedly makes any form of communication with that person or a member of that person's immediate family, whether or not a conversation ensues. A "credible threat" is considered to be one that would cause a reasonable person to be in fear for the person's life or safety or the safety of his or her immediate family. If the stalking occurs by virtue of repeated communications, it is not necessary that the communications be made simultaneously with the threat to be considered "in connection" with the threat. They might oocur before, during, or after the threat is made, so long as the communication is related to, a part of, or in furtherance of the credible threat. Stalking may also be deemed to occur when a person repeatedly makes obscene comments or gestures to another person with the intent to harass them, either personally or by telephone--and includes acts done in public as well as those directed to someone in the privacy of their home. Challenges have been made to stalking statutes on the grounds that they are unconstitutionally vague or overbroad, and infringe of protected areas of free speech. However, at least forty-eight states have enacted some variation of a stalking statute and while the statutory language is not identical in every case, the majority of those courts that have considered the issue have upheld stalking statutes against such attacks. The definition of stalking, as well as the penalties differ from state to state. If you or someone close to you is concerned about being charged with such an offense, you should contact a criminal defense attorney in your area who can advise you of the precise conduct the law prohibits in your state, and the penalties.
Answered on Sep 20th, 2000 at 12:00 AM

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