Factors That Determine Stalking Penalties

Stalking is a serious criminal offense and the penalties for stalking are severe. There are many factors that determine stalking penalties. Penalties include imprisonment, fines and community service.

Stalking

The legal definition of stalking varies from state to state and depends on state laws. However according to the United States Department of Justice Office for Victims of Crime stalking is the repeated harassment or threatening behavior by one individual towards another. Any unwanted contact that conveys a threat or puts the victim in a state of fear is stalking. Stalking also includes vandalizing someone’s property, leaving unwanted messages, making unwanted phone calls, following someone, etc. 

Penalties for Stalking

Depending on state law stalking is either classified as a felony or a misdemeanor. Generally if convicted for stalking you will be sent to jail. You may also have to pay a heavy fine. The victim can also get a restraining order against you. Victims of stalking can sue their perpetrators in civil courts for compensation for their sufferings. Convicted stalkers may be required to enter their name in a registry with the local law enforcement agency. This registry can be accessed by the public. Convicted stalkers will therefore find it difficult to get a job or rent an apartment.

Factors That Influence Penalties

First time offenders generally receive the minimum jail term and fine. However repeat offenders are subject to enhanced penalties. If the victim of stalking is a minor, then the penalties will be enhanced. If the stalking is accompanied by threat to physically harm or kill the victim or the victim’s family members, then the offender will be subject to more severe penalties. If another criminal offense is committed while stalking, for example unlawfully entering the home of the victim, then besides penalties for stalking, the offender will also be sentenced for the unlawful entry. In the US the criminal justice system considers the criminal record of the offender before sentencing the offender. So if the offender has a criminal record, it will play an important role in determining the penalties. If there is a restraining order in place, it will enhance the penalties for stalking.   

Getting Legal Help

If you have been charged with stalking talk to an experienced criminal defense attorney. The attorney can study your case and advise you if there are any factors that will enhance the penalties. The attorney will also advise you on your available defenses.