Featured News 2011 Define the Law: Stalking

Define the Law: Stalking

In California, the first case of stalking happened in the 1980's when a TV star named Rebecca Schaeffer was murdered. Similarly, only two years later an actress named Theresa Saldana was repeatedly stabbed by an unbalanced fan; legally, until the 90's, police were not allowed to act should someone report a serious stalking threat. Stalking usually occurs when a person has an obsession with another person that statistically they usually know and displays annoying or unwanted behaviors such as following the person around physically or electronically.

Also a person who is a stalker is sometimes harmless, though most mean harm or danger to the person they are stalking. Statistics have shown that 1.4 million Americans are stalked every year and that, while both men and women are the target of stalking, one out of every 20 women will be stalked at least once in their lifetime. In 2004, Catherine Zeta-Jones filed 24 different cases against a stalker named Dawnette Knight. Allegedly Knight had sent 19 separate letters to Zeta-Jones with murder threats; she eventually apologized to her by mail. It later became clear that she was obsessed with Zeta-Jones husband, movie actor Michael Douglas. Knight eventually pleaded no contest, so 21 charges were dropped and she faced five years in prison.

Stalking can cause emotional, mental, and physical damage to the person being followed. In many cases restraining orders can be issued to protect the person from being harmed. Other times the restraining order does not help; when this happens the person that is stalking can become even more aggressive. In many states there are anti-stalking laws which prohibit such behaviors though most states mention the law with different terms such as intentional harassing or annoying behaviors which are cited as unlawful. Reasonable fear or threats are also unlawful behaviors in most states; usually this kind of behavior merits a felony or a fine.

If convicted of stalking, a person can face one year of jail time and a maximum fine of $1,000. Sometimes, if a judge is lenient, only one charge will be levied. Prison time could be more if the person convicted of stalking had warning of his actions by a prior restraining order. In this case, the person could face three years in a state prison. If a person continues stalking after prison, they face another three to five years in prison if convicted again. Also, some states make those who are convicted register as a sex offender. There are also different types of stalking one could be convicted of such as celebrity stalking, cyber stalking, work place stalking, as well as workplace harassment.

A celebrity stalker is usually rarer than other types of stalking but is more widely publicized, like the case of Catherine Zeta-Jones. Cyberstalking takes place on the internet when the stalker uses technological devices such as email, chat, or other internet sources to follow someone. Statistically speaking, one out of six violent deaths occurs in the work place due to stalking. It is suggested that a report be filed with the stalker victim's company if they believe that someone is stalking them inside or outside the workplace. The police should also be notified as soon as possible.

A typical stalker is usually male; one source reported that for every five stalking victims, four of them are female. Women usually have stalkers who were formerly boyfriends; many women stalked were usually physically assaulted, while one-third was sexually assaulted. One survey taken by the National Violence Against Women (NVAW) reported that out of a selected group of 8,000 men and 8,000 women, eight percent of women were stalked while two percent of men were. For additional information on stalking, you can view your state laws on a government website. If you have been accused of stalking someone, contact a skilled attorney today.

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