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.
Connecticut USLegal Guide to Stalking
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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.
List of States, in case you don't want to use the map above? State?Electronic? or ?Digital???Fear??CaliforniaYESYESColoradoYESYESConnecticutYESYESDelawareYESYES47 more rows
Anti-stalking laws share the broad common purpose of prohibiting repeated unwanted forms of contact and communication that are creating fear in the recipient.
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.
The mental element in the commission of criminal acts--intent--is discussed and illustrated with examples portrayed from investigating officers' perspectives. Criminal intent is defined as the resolve or determination with which a person acts to commit a crime.
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.
(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, ...
A person is guilty of the computer crime of destruction of computer equipment when he, without authorization, intentionally or recklessly tampers with, takes, transfers, conceals, alters, damages or destroys any equipment used in a computer system or intentionally or recklessly causes any of the foregoing to occur.
A person is guilty of cyberstalking in the first degree if he or she intends to alarm, harass, annoy, terrorize, or threaten to kill/physically injure someone over the Internet. Also, the punishments for this crime include a 1-5 year prison sentence and a fine of as much as $5,000.
Testimony from someone who says that the defendant told them that he or she intended to commit the crime, an eyewitness saying that the defendant acted deliberately, or. the defendant's confession that he or she intended to act.
