Featured News 2013 Define the Law: Stalking

Define the Law: Stalking

Stalking is a serious crime and can lead to arrest if you are perceived to be a threat. Stalking is also a complicated crime, as it is often based on allegations from a person who is emotionally invested in the case. There are many different types of offenses that can be considered stalking. For example, police may consider it stalking to bombard a victim with e-mails or instant messages.

It can also be considered stalking to physically follow a person from place to place, or to hide out in a car and watch a person as they arrive at work or leave the office. Most stalking situations are between ex-lovers or spouses. A heartbroken individual will follow his or her ex around, keeping tabs on that person and possible trying to convince that individual to take him or her back.

There are times that stalking can become very dangerous for the victim, especially if he or she does something that angers the stalker. Some stalkers may be using illegal narcotics or may become alcoholics, and will act irrationally when they discover that their ex is now in another relationship or is moving on.

According to the U.S. Department of Justice's Bureau of Justice Statistics, there were about 3.4 million people who were stalked between 2005 and 2006 alone. About half of all stalking victims receive at least one unwanted contact per week from their stalker and about 11 percent of all stalked individuals say that they have been a victim of the stalking for at least five years.

By legal definition, stalking is the crime of contacting or following a person in a way that would cause a reasonable individual fear. Individuals must fear for their safety or that of a family member for the offense to become a criminal one, or must have received additional threatening behaviors. Stalkers can commit their crime using any of the following behaviors. In about 66% of all stalking cases, a victim will receive unwanted phone calls from an offender.

About 31% of all individuals will receive unsolicited letters or e-mails, and 36% of all victims of stalking say that their stalker spread incorrect rumors about them. Nearly one third of all victims claim that their offenders would often show up and wait for victims at locations where they know that the individual was going to be.

In our increasingly technological society, it is easier for individuals to stalk through cell phones and computers. More than one in every four stalking victims will claim that cyber stalking was used, such as e-mail or instant messaging. Some stalkers will even hack accounts or use passwords in order to survey social media counts. Electronic monitoring is used in about 13% of all stalking cases. This may mean that the stalker has installed a GPS or has tapped through a webcam.

More than 75% of all victims know their stalker. This is because many people are stalked by a former intimate partner who now can't imagine having no contact with the individual after a break-up. In most criminal cases, the police will issue a restraining order to a stalker. Violating this restraining order will lead to arrest and prosecution.

If you have been accused of stalking or of violating a restraining order in a domestic violence case, you are going to need a criminal defense attorney to come alongside you and advocate for your innocence at your trial. With the right attorney there to assist you, you may be able to avoid years in jail and expensive fines that may be associated with your crime. The stalking laws are slightly altered in every state, so make sure to get a local lawyer on your side today!

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