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Stalking: States
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Stalking is a crime under the laws in 50 states, The District of Columbia, and the Federal Government. Fourteen states classify stalking as a felony upon the first offense, and 34 states classify stalking as a felony upon the second offense and/or when the crime involves aggravating factors. (Ibid).
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Most states classify first-time stalking offenses as misdemeanors. While penalties vary from state to state, stalking typically carries a penalty of up to one year in prison and/or up to a $1,000 fine. Some states have penalties that are substantially stiffer for second offenses, stalking in violation of a protective order, and/or stalking a child.
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Many states have both misdemeanor and felony classifications for stalking. Misdemeanors generally carry a jail sentence of up to one year. Felony sentences range from three to five years, with the ability to enhance the penalty if one or more elements are present. For example, if the defendant brandished a gun, violated a protective order, committed a previous stalking offense, or directed his conduct toward a child, the sentence may be increased. In some states repeat offenses can result in incarceration for as long as ten years.
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The specific criminal offenses involved in stalking obviously vary from state to state. Some states have passed laws specifically prohibiting "menacing by stalking". In most states, these laws have increasing penalties for repeat offenses. In addition, to stalking, other crimes involved may include domestic violence, telephone harassment, menacing assault, criminal trespass and burglary.
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Statutes that establish new crimes, such as stalking, are not universally implemented or instantaneously enforced from the moment they take effect. There is often a considerable lag time in implementing new statutes as law enforcement officials, prosecutors and judges become familiar with the law and develop policies and procedures to implement them.
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The state’s stalking law does not specifically exempt private investigators. And it requires that people have a lawful and “legitimate purpose” for following someone. In an unanimous decision, the justices ruled that Brian Blackden’s unwillingness to reveal his reasons for following a woman last year made it impossible for the trial judge or them to determine whether Blackden had a legitimate purpose to surveil the woman. Therefore, the justices said, the trial court was right to find that Blackden had been stalking her.
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