STALKING

 

Stalking is defined as “Any person who willfully, maliciously and repeatedly follows or harasses another person, or makes a credible threat, with the intent to place that person in reasonable fear of death or great bodily injury.”

 

There are other definitions related to stalking incidents:

 

· Harasses means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person, and which serves no legitimate purpose.  The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person.

 

· Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.  Constitutionally protected activity is not included within the meaning of “course of conduct.”

 

· A credible threat means a threat made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety.

 

Stalking by its definition is not a one-time act but a course of conduct.  It can involve a combination of obvious criminal acts and acts that, in isolation, would appear nonthreatening.  It is the pattern and context of these criminal and noncriminal acts that constitute stalking.

 

Stalking often includes:

 

· assaulting the victim

· violating protective orders

· sexually assaulting the victim

· vandalizing the victim’s property

· burglarizing the victim’s residence or stealing from the victim

· threatening the victim

· killing the victim’s pet

· Other common stalking behaviors can include:

· sending the victim cards or gifts

· leaving telephone or e-mail messages for the victim

· disclosing to the victim personal information the offender has uncovered about him or her

· disseminating personal information about the victim to others

· following the victim

· visiting the victim at work

· waiting outside the victim’s home

· sending the victim photographs taken of him or her without consent

· monitoring the victim’s Internet history and computer usage

· using technology to gather images of or information about the victim

 

Stalking behaviors are complex, varied, and unpredictable.  Stalking takes many forms, and individual incidents may be very different.  It is hard to be certain if and when stalking will escalate to violence.  Stalking is a crime of power and control.  Stalkers are, by their very nature, obsessive and dangerous and are not easily deterred.

 

Unlike the case with many crimes, the legal definition of stalking covers not only the offender’s behavior but also the effects on the victim.  The victim’s psychological responses and the changes the victim makes in his or her life as a result of stalking can all be used as evidence of the fear the offender has caused.

 

Victims often feel...

 

· constantly on alert, vulnerable, out of control, stressed, and anxious

· may experience a loss of trust, long-term emotional distress, and significant disruption of everyday living

· seek psychological counseling

· are concerned about the effects on their children and other secondary victims

 

Stalking can trigger a wide variety of behavioral reactions.  Many victims take steps to avoid being followed or spied on.

 

· by altering their normal routines

· avoiding going out alone

· giving up leisure activities

· screening all telephone calls

· changing their telephone number, e-mail and postal addresses, etc.

 

 

CYBERSTALKING

 

Cyberstalking is a term used to refer to the use of the Internet, e-mail, or telecommunication technologies to harass or stalk another person.  This is more than the annoyance of unsolicited e-mail – it is methodical, persistent, and deliberate.  The communications – whether from someone known or unknown – don’t cease even after the recipient has asked the sender to stop all contacts and often contain inappropriate and sometimes disturbing content.  Cyberstalking is an extension of sorts of the physical form of stalking.

 

In most states, it is unlawful for a person to –

 

· use in electronic mail or electronic communication any words or language threatening to inflict bodily harm to any person or that person’s child, sibling, spouse or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person

· electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of threatening, terrifying or harassing any person

· electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person’s family or household with the intent to threaten, terrify or harass

· knowingly permit an electronic communication device under the person’s control to be used for any purpose prohibited by this section

 

 

WHAT TO DO

 

If you think you are the victim of stalking, the MPUCA strongly urges to contact your local law enforcement agency immediately and report what is happening.  Do not wait until it is too late.  Stalking in all its forms is illegal.

 

Stalking