What are some common defenses for a stalking charge?

Stalking laws have become stronger over the years due to high profile cases involving celebrities who have suffered injuries or have been killed by those stalking them. Since 1990 when the first stalking laws were passed, every state in the union now has similar laws, though they may have different names, like: "criminal menace," or "criminal harassment."

Stalking is defined by engaging in a number of possible activities which include making repeated phone calls, or emails to a another, appearing at a person's home or place of work, leaving another person unrequested gifts, or messages, vandalizing property of another, or engaging in other harassing activities that are unwanted and have been rejected by the person against whom all these actions have been directed. Though in and of themselves some of these activities are not criminal, once they become threatening in nature, they are considered stalking or harassment. Usually the final part of the definition of stalking is when these activities are found to put another in reasonable fear of bodily injury, criminal sexual assault or death. 

When stalking can be proved, which is sometimes difficult to do, it usually results in conviction. A conviction remains on the person's record for life and can affect their ability to get future employment, credit, professional licenses and security clearances. The penalties themselves range from misdemeanors to felonies. The fines can range from $1,000 to $10,000, while prison time can range between 1 to 15 years. In order to receive these more severe consequences there must be significant evidence of violent actions and/or threats. A restraining order that has been previously granted against the perpetrator is an extremely powerful piece of evidence that can result in severe penalties.

Since stalking is a difficult charge to prove, there are several defenses for a stalking charge that can be employed, including:

• The victim lacks sufficient evidence
• The victim suffers from an emotional disorder and is inventing the charge of stalking
• The victim misunderstands the actions of the accused
• The victim is using the charge of staking in order to support their child custody or divorce case