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Stalking, defined as a pattern of malicious behavior that causes another person to fear for their safety or experience extreme apprehension, is not committed in a single act. Most stalking cases involve current or former domestic or romantic partners, typically after a divorce or breakup.
The Legal Elements of 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 are: the defendant willfully and maliciously harassed or willfully, maliciously, and repeatedly followed another person, and. the defendant made a credible threat with the intent to place the other person in reasonable fear for his safety (or for the safety of his immediate family).
Rosenfeld (2004) conducted a meta-analysis of 12 studies examining risk factors for stalking violence which concluded that the best predictors were: a prior intimate relationship between the victim and stalker; the presence of explicit threats; a history of substance abuse, and the absence of psychosis in the
Harassment in the second degree explicitly provides for the prosecution of sexually explicit material with the intent to harass or annoy another person. Indecent viewing or photography criminalizes the unconsented to production of a sexually explicit image.
In sum, to be guilty of Stalking under CPC §646.9(a), the prosecution must prove that: You harassed or repeatedly followed another person; AND, You made a threat placing the person in fear for his or her safety or for the safety of family.
Harassment in the second degree explicitly provides for the prosecution of sexually explicit material with the intent to harass or annoy another person. Indecent viewing or photography criminalizes the unconsented to production of a sexually explicit image.
Harassment in the first degree is a Class A misdemeanor and punishable by a fine of up to $10,000 and/or up to a year in jail. Alaska Stat. §11.41. 438 It is illegal for someone who is 17 years or older to have sexual contact with a person who is 13-15 years old and at least four years younger than the perpetrator.
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.