This guide provides an overview of the law of stalking. Topics covered include civil compared to criminal offenses, protective orders, cyberstalking, and links to other resources.
Colorado USLegal Guide to Stalking
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FAQ
Stalking involves persistently following someone. It does not necessarily mean following them in person and can include watching, spying or forcing contact with the victim through any means, including through social media. Stalking involving fear of violence or serious alarm or distress is a more serious offence.
(a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking, ...
Criminal intent, also known as mens rea, refers to the mental state required to convict a party of a crime. Along with a criminal act, or the actus reus, criminal intent is one of the fundamental aspects of criminal law.
In Colorado, harassment can be charged as a crime under § CRS 18-9-111 if you intentionally bother, annoy or alarm someone through repeated contact, obscene gestures, hitting, taunting, or following in public. A conviction can be a petty offense or a misdemeanor.
Stalking Intent In most states, the defendant must commit the criminal act willfully or maliciously (Cal. Penal Code § 646.9, 2011). This indicates a specific intent or purposeful conduct. However, in states that require the victim to experience harm, a different criminal intent could support the harm offense element.
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).
What Does California Penal Code §646.9(a) [Stalking] Prohibit? 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.
California Penal Code 646.9 PC makes it a crime to follow, harass, or threaten someone to the point they fear for their safety. In a domestic violence case, the criminal offense of stalking is a serious issue. California has some of the toughest and most comprehensive laws in the United States.