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.
West Virginia USLegal Guide to Stalking
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Stalking is a felony punishably by 2, 3 or 5 years in state prison under Cal. Penal Code § 646.9(c)(2), a felony punishable by 2, 3, or 4 years in state prison under Cal. Penal Code § 646.9(b), and a misdemeanor OR felony under Cal. Penal Code § 646.9 (a),(c)(1).
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.
Victims of stalking experience a number of disruptive psychological consequences of stalking, including significant fear and safety concerns, as well as symptoms of depression, anxiety and posttraumatic stress disorder (2). Most stalking victims do not seek mental health services (2).
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.
Under Texas law, you can seek a protective order against a stalker?even if you have no current or former dating, roommate, or family relationship with them. See Texas Code of Criminal Procedure article 7B. One way to apply for a stalking protective order is by contacting your local county or district attorney.
Here are seven types of stalkers: 1) Rejected Stalkers, who refuse to accept the end of a relationship; 2) Resentful Stalkers, seeking revenge against a perceived wrong; 3) Intimacy Seekers, who desire a close relationship with their victim; 4) Incompetent Suitors, lacking social skills; 5) Predatory Stalkers, ...
A West Virginia law specifically addresses this form of stalking is §61-3C-14a-c of the West Virginia Computer Crime and Abuse Act. §61-3C-14a addresses obscene, anonymous, harassing, and threatening communications (against any person) by computer, cell phones and electronic communication devices.
(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, ...
