Stalking

What is Stalking?

Stalking is a course of conduct directed at a specific person that would cause a reasonable person to feel fear.

Prevalence of Stalking:

3.4 million people are stalked annually.

People between the age of 18 -24 experienced the highest rates of stalking victimization.

46% of stalking victims experienced at least one unwanted contact per week.

One in four victims report being stalked through the use of some form of technology.

Females are nearly three times more likely to experience stalking than males.

Indiana Code:

Indiana-IC-35-45-10 Stalking:

• IC 35-45-10-3- “Impermissible contact”-

knowingly or intentionally following or pursing the victim

• IC 35-45-10-4 “Victim” defined-

person who is the object of stalking

• Charged
  • • -Class C felony
    • -Class B felony if acts were committed while armed with deadly weapon or unrelated conviction against same victim(S)
    • -Class D felony or Class A misdemeanor and sentence accordingly if court finds mitigating circumstances under IC 35-38-1-7 ©

• “Stalk” defined
• Sec. 1. As used in this chapter, “stalk” means a knowing or an intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually causes the victim to feel terrorized, frightened, intimidated, or threatened. The term does not include statutorily or constitutionally protected activity.

• Harassment” defined
• Sec. 2. As used in this chapter, “harassment” means conduct directed toward a victim that includes but is not limited to repeated or continuing impermissible contact that would cause a reasonable person to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include statutorily or constitutionally protected activity, such as lawful picketing pursuant to labor disputes or lawful employer-related activities pursuant to labor disputes.
  As added by P.L.242-1993, SEC.4.
• IC 35-45-10-5- Criminal Stalking-
• Class D felony if a person stalks another person.
• Class C felony- if at least one of the following applies:
  • Must meet the definition of stalking AND makes an explicit or in implicit threat with the intent to place the victim in reasonable fear of:
    • • • sexual battery (IC 35-42-4-8)
        • serious bodily injury; OR
        • Death
  • PO to prevent domestic or family violence, a no contact or other judicial order under IC codes (see handout)

Federal Stalking Law:

18 U.S.C. § 2265 Full Faith and Credit (1994; 2000)

This federal law mandates nationwide enforcement of orders of protection, including injunctions against harassment and stalking, in states, tribes, and U.S. territories .

18 U.S.C. § 2261A Interstate Stalking (1996; 2000)

§ 2261A(1) makes it a federal crime, punishable from five years to life in prison, to travel across state, tribal or international lines to stalk another person. The defendant must have the intent to kill, injure, harass, or intimidate the victim, or to place the victim, a family member, or a spouse or intimate partner of the victim, in fear of death or serious bodily injury 18 U.S.C. § 2261A regular mail, email, internet (cyberstalking)

§ 2261A(2) makes it a federal crime, punishable from five years to life in prison, to stalk another person across state, tribal or international lines, using regular mail, e-mail, or the Internet (i.e., cyberstalking). The defendant must have the intent to kill or injure the victim, or to place the victim, a family member, or a spouse or intimate partner of the victim in fear of death or serious bodily injury.