How long can you get arrested for stalking?
What is the maximum sentence for harassment or stalking? If the offence is harassment or stalking: the maximum sentence is six months’ custody. if racially or religiously aggravated, the maximum sentence is two years’ custody.
What is proof of stalking?
To prove stalking, you need to be able to prove a pattern of behavior – a few isolated incidents aren’t sufficient. If the person stalking you is sending you messages online or commenting on your social media posts, all of them together can go towards proving that the person is stalking you.
What is the harm element required for stalking?
In most States, to charge and convict a defendant of stalking, several elements must be proven beyond a reasonable doubt: a course of conduct or behavior, the presence of threats, and the criminal intent to cause fear in the victim. These elements are discussed below.
Is it illegal to stalk?
Stalking can be defined as the willful and repeated following, watching or harassing of another person. They become illegal when they breach the legal definition of harassment (e.g., an action such as sending a text is not usually illegal, but is illegal when frequently repeated to an unwilling recipient).
What is an example of stalking?
Examples of stalking behaviors: Repeated, unwanted phone calls, texts, messages, etc. that may or may not be threatening. Creating fake profiles to continue contacting a person after they have been blocked on their personal account. Observing, following or “coincidentally” showing up wherever the person goes.
How bad is a stalking charge?
Felony stalking is punishable by up to five years in state prison. Stalking offenders with certain felony Domestic Violence or Criminal Threats convictions are subject to up to ten (10) years in state prison. Stalking charges are serious and they require effective and aggressive representation.
What are the stages of stalking?
Stage 1 – The persistent ex, or the persistent suitor.
What is a stalking?
“Stalking is a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear,” according to the Department of Justice.
What is the most common type of stalking?
Simple Obsessional: This is the most common type of stalker. The stalker is usually a male and the focus of the stalking is an ex-wife, ex-lover or former boss. In intimate relationships, the stalking frequently starts before the break-up.
What is legally harassment?
The civil harassment laws say “harassment” is: Unlawful violence, like assault or battery or stalking, OR. A credible threat of violence, AND. The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it.
What is the most dangerous form of stalking?
Stalking by an intimate partner is the most dangerous type of stalking. Intimate partner stalkers have considerable leverage over their victims because they know so much personal information about the victim. These stalkers also tend to be more insulting, interfering, and threatening than non-intimate partner stalkers.