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The Law
You probably want to skip this page, but DON'T DO IT! I know what you're thinking, the law is dry and boring. I agree, but if you don't understand the law, then you wont understand why the enforcers of the law do what they do, and you wont understand how to make the law work for you. I will just go over the basics and I'll try not to overload you.
The laws I’m quoting are the laws in my state. Your state laws may not be exactly the same but will likely be very similar.
Let's start with what most stalkings begin with: Threats.
Your state law may call it Threats, Terroristic Threats, Threats to Life, or Harassment. Whatever they call it, it will basically come down to something like this: It is unlawful to knowingly threaten another person with death, bodily injury to that person or another, physical confinement or restraint, or to cause physical damage to that persons property.
The threats we commonly hear that are unlawful are similar to these:
I'm going to kill you.
I'm going to burn down your house with you in it.
I'm going to shoot you.
I'm going to kill your mother.
I'm going to tie you up in the basement and never let you go.
I'm going to break all the windows out of your car and slash the tires.
I'm going to take your children from the school and you will never see them again.
Threats that we hear that are not unlawful are like these:
I'm going to get you.
You're going to be sorry you met me.
I hate you.
I hope you die.
I'm going to sue you.
I'm going to tell Child Protective Services that you abuse your children.
I'm going to tell your boss that you stole something from the company.
I'm going to send pictures of us having sex to your mother.
Do you see how the first bunch of threats fit the law and the second group of threats are just mean things to say?
STALKING (misdemeanor):
A person who engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed commits the crime of stalking.
AGGRAVATED STALKING (felony):
A person who commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause him to be placed in reasonable fear of death or substantial bodily harm commits the crime of aggravated stalking.
“Course of conduct” means a pattern of conduct which consists of a series of acts over time that evidences a continuity of purpose directed at a specific person.
I will give an example that will better explain what a course of conduct is.
Let's say one Saturday afternoon you see your ex-girlfriend at the mall in the parking lot. She comes up to you and curses you and punches you in the eye, then breaks the mirror off your car. You take out your cell phone to call the police and she takes your cell phone and gets back into her car. She yells out the window, "I'm going to kill you". She then drives away, taking your phone with her. She could face charges of Domestic Battery, Threats, Theft and Destruction of Property. She would not face Stalking charges because this all happened in one incident.
Now let's give a different example. On Saturday she stops by your house and punches you in the eye. On Sunday she calls on the phone and leaves a voicemail saying that she is going to shoot you. On Monday she comes by your work and breaks the window on your car. On Tuesday you see her on your patio and she steals your windchimes. From these four separate incidents, she could face the same four charges as the first example, but now she can additionally be charged with Aggravated Stalking because of four incidents (course of conduct) over four days (period of time).
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