what can the district attorney do about a stalker

The decision of whether a stalking case will be charged as a misdemeanor or felony is for the District Attorney. Factors which go into making that decision include the length of time of the harassing conduct, the severity of the threat, prior criminal record, injury, used of a weapon, and the presence of a restraining order.

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How can a defendant defend against a stalking charge?

The District Attorney’s Stalking and Threat Assessment Team has a specially assigned victim services representative to assist with referrals and questions related to available services for stalking victims countywide. Where to Find Help Los Angeles County Domestic Violence Hotline 1-800-978-3600

What is considered a stalker?

The District Attorney’s Stalking and Threat Assessment Team has a specially assigned victim services representative to assist with referrals and questions related to available services for stalking victims countywide. Where to Find Help Los Angeles County Domestic Violence Hotline 1-800-978-3600 Los Angeles Rape and Battery Crisis Line

What constitutes stalking in New York?

Cyber stalker activities include sending threatening/harassing/annoying emails, establishing threatening websites, identity theft, posting victim’s name, address, phone #’s on bulletin boards, initiating computer viruses, sending damaging forged emails that appear to be from the victim to co-workers, employers and neighbors and gathering personal information from …

How do I report a stalker in Georgia?

Dec 23, 2021 · If you are a victim of a stalking crime it is normal to sometimes feel frightened and vulnerable. The following agencies exist to help victims of crime. Seek their help. NATIONAL ASSISTANCE • National Domestic Violence Hotline www.ndvh.org 1- 800-799-SAFE • National Center for Victims of Crime www.ncvc.org 1-800-FYI-CALL (1-800-394-2255)

What are the elements of the crime of stalking?

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.

What actions are used to satisfy the element of threat required for stalking?

What 3 elements must be present in order to prove the crime of stalking? Person willfully, maliciously, and repeatedly follows or harasses another. Person made a credible threat. Made threat with specific intent to place person in reasonable fear for their or their families safety.

What is the legal definition of stalking?

: the act or crime of willfully and repeatedly following or harassing another person in circumstances that would cause a reasonable person to fear injury or death especially because of express or implied threats broadly : a crime of engaging in a course of conduct directed at a person that serves no legitimate purpose ...

What is the penalty for stalking in California?

(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, ...

What is an example of stalking?

Examples of stalking behaviors include: Repeated, unwanted phone calls, texts, messages, etc. that may or may not be threatening. Creating fake profiles to continue contacting a person after they have been blocked on their personal account. Observing, following or “coincidentally” showing up wherever the person goes.

What is the purpose of stalking?

Motivation for stalking is not primarily sexual, but is more like to include anger and hostility towards the victim, often stemming from actual or perceived rejection of the stalker by the victim (4). Victims perceive control and obsessional behavior as primary motives of the stalker (2).

What is the most common type of stalking?

Simple Obsessional: This is the most common type of stalker. The stalker is usually a male and the focus of the stalking is an ex-wife, ex-lover or former boss.

What causes someone to stalk another person?

According to a 2012 study published in the journal Aggression and Violent Behavior, “Motivations for stalking include a delusional belief in romantic destiny, a desire to reclaim a prior relationship, a sadistic urge to torment the victim, or a psychotic over-identification with the victim and the desire to replace him ...Dec 13, 2018

What defines harassment?

In other words, harassment consists of repeated and persistent behaviours towards an individual to torment, undermine, frustrate or provoke a reaction from that person. It is a behaviour that with persistence, pressures, frightens, intimidates or incapacitates another person.Aug 21, 2015

What is the statute of limitations on stalking in California?

Stalking Statute of Limitations Generally speaking, the statute of limitations for stalking is three years. Additionally, a statute of limitations of two years is generally placed on civil actions.

What is legally considered harassment in California?

The civil harassment laws say “harassment” is: Unlawful violence, like assault or battery or stalking, OR. A credible threat of violence, AND. The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it.

Can you go to jail for harassment?

If the offence is harassment (putting people in fear of violence) or stalking (involving fear of violence or serious alarm or distress): the maximum sentence is 10 years' custody. if racially or religiously aggravated, the maximum sentence is 14 years' custody.

What is the phone number for stalking?

Stalking Information Line 619-515-8900. Although stalking is not a new phenomenon, the widespread recognition of stalking as a social and criminal justice concern is relatively recent. California enacted anti-stalking legislation in 1990, and in 1994 Congress passed the national Violence Against Women Act.

How many women are victims of stalking?

Nationwide, one in 12 women will be victims of stalking at some point in their lives. Men make up a smaller, but equally victimized group. Stalking cases are unique because they can involve ongoing behavior that can last for years. Often, several police agencies are involved in coordinating the investigation.

What percentage of stalkers have erotomania?

THE STALKERS: 9.5% have erotomania, when a stalker falsely believes that the target, usually someone famous or rich, is in love with the stalker. 43% have love obsession, when a stalker is a stranger to the target but is obsessed and mounts a campaign of harassment to make the target aware of the stalker's existence.

What to do if stalker assaults you?

OTHER ILLEGAL ACTS. If the stalker has assaulted you physically or sexually, has entered your home without permission, or has damaged or stolen your property, report it to police.

When was the anti-stalking law passed?

In 1996 Congress passed an anti-stalking law as part of the Violence Against Women Act (VAWA). Under this law it is a federal felony to cross state lines to stalk or harass an individual if the conduct causes fear of serious bodily injury or death to the stalking victim or to the victim's immediate family members.

Is it normal to be scared of stalking?

If you are a victim of a stalking crime it is normal to sometimes feel frightened and vulnerable. The following agencies exist to help victims of crime. Seek their help.

WHAT IS STALKING?

Stalking is a crime. A stalker tries to control his or her victim through behavior or threats intended to intimidate and terrify. A stalker can be an unknown person, an acquaintance or a current or former intimate partner. A stalker’s state of mind can range from obsession to hatred.

HOW IS STALKING PROVEN?

The stalker must have the intent or the knowledge that his/her actions will instill fear or death or serious bodily injury to the victim or a member of the victim’s family or household or will otherwise terrify or harass the victim.

WHAT IS THE LAW ON STALKING?

Two different Mississippi laws address stalking. Which law is applicable depends on the behavior of the stalker and the means used by the stalker.

IF YOU ARE BEING STALKED

The following tips and suggestions may help keep you safer and may also help in the prosecution of your stalker.

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What is the law in New York State for stalking?

Specifically, these laws, which canmostly be found in the Penal Law, Family Court Act and theExecutive Law focus on the security and safety of the victim andholding the perpetrator accountable.

How does stalking affect women?

According to theNVAWS, 81% of women stalked by a present or a formerintimate partner have been physically assaulted by that personand 31% of women stalked by an intimate have been sexuallyassaulted by that person. According to the National Center forVictims of Crime, 76% of female murder victims and 85% ofattempted murder victims were stalked by their intimate partnersduring the year prior to their homicide or attempted murder.

When was the first anti-stalking law passed?

In 1990, the first Anti-Stalking legislation was passed in California. In just six years, all fifty states have followed suit. Public awareness has encouraged federal legislation to stop stalking behavior as a course of conduct crime and to give victims a measure of protection.

Why is stalking so unique?

Stalking is unique as the repetitive, harassing, long-term course of conduct and behavior reflects the internal dynamics of the stalker's motivating mental disorder. Furthermore, the investigation of stalking is difficult.

What is a threat made in any manner causing reasonable fear for the victim's safety?

Threats made in any manner causing reasonable fear for the victim's safety are within the protection of the law. Threats, implied by a pattern of conduct, or made with the apparent ability to be carried out, and causing reasonable fear for the safety of the victim, are statutorily prohibited. (Cal.

How many women are being stalked?

It is estimated that more than 200,000 women are being currently stalked. One in twenty women will be stalked during their lives. Ninety percent of women murdered by boyfriends or husbands were stalked by their killers (Wells, 1996; NIJ, 1993).

Who killed Rebecca Schaeffer?

Until the recent media blitz following the murder of television actress Rebecca Schaeffer by Robert John Bardo in 1990, and resultant public awareness as to the seriousness and degree of stalking in our society, the law enforcement and legal communities failed to look far beyond isolated misdemeanor convictions.

Is stalking a work in progress?

The study of stalkers and stalking behavior is a work in progress. As questions are answered, statutes are amended and diagnoses are distinguished, it becomes a mere stepping stone to the future understanding of the pervasive stalking phenomenon facing our culture and society today.

What rights do you have when you are stalked?

These rights include the presumption of innocence until guilt is proven. Due process also requires that the prosecution prove each element of the crime beyond a reasonable doubt. A defendant may defend against a stalking charge by demonstrating the prosecution has not proven one or more elements of the offense.

What is considered stalking?

For conduct to qualify as stalking, it must be intended to harass, intimidate, or cause emotional distress. In addition, to the extent the course of conduct consists of threats against safety or property, the threats must be credible. That is, the stalker must direct specific, physical or verbal conduct that would frighten both ...

What is stalking in a relationship?

Stalking is an unwanted course of conduct that is harassing, or annoying. Repeated harassing or annoying conduct can include, for example, repeated, unwanted threats; following of the victim; multiple unwanted emails, letters or telephone calls; and other unwanted conduct, such as destruction of personal property or vandalism. ...

What is stalking online?

When stalking occurs online, it is generally referred to as cyberstalking or Internet stalking. Internet stalking consists of using the Internet to harass, threaten or intimidate another, with the specific aim of causing fear or emotional distress.

What is a monitoring person?

These include (but are not limited to): Monitoring a person’s movement or activity; either through physical or electronic means; or. Sending unwanted texts or instant messages to someone; or. Sending unwanted letters or emails; or. Following someone to or from their home, place of business, place of worship, or school.

Is stalking speech protected by the First Amendment?

Generally speaking, speech that merely annoys another individual, without more, is constitutionally protected; Mistaken identity. Here, defendant asserts that someone else — not the defendant — is the individual who has engaged in the stalking behavior.

What is a district attorney?

In the United States, a district attorney ( DA ), state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a local government area, typically a county. The exact name and scope of the office varies by state.

What does the state attorney do after a crime?

After levying criminal charges, the state's attorney will then prosecute those charged with a crime . This includes conducting discovery, plea bargaining, and trial . In some jurisdictions, the district attorney may act as chief counsel for city police, county police, state police and all state law enforcement agencies within ...

What is a prosecutor district?

This term for a prosecutor originates with the traditional use of the term "district" for multi-county prosecutorial jurisdictions in several U.S. states. For example, New York appointed prosecutors to multi-county districts prior to 1813.

What does a county attorney do?

For example, in Arizona, Missouri, Montana, and Minnesota a county attorney represents the county and state within their county, prosecutes all felonies occurring within the county, and prosecutes misdemeanors occurring within unincorporated areas of the county.

What is a county prosecutor in Ohio?

In Ohio a county prosecutor represents the county and state within their county, prosecutes all crimes within the county, and is legal adviser to the board of county commissioners, board of elections, and all other county officers and boards.

What is the role of a prosecutor?

In carrying out their duties, prosecutors have the authority to investigate persons, grant immunity to witnesses and accused criminals, and plea bargain with defendants. A district attorney leads a staff of prosecutors, who are most commonly known as deputy district attorneys (DDAs).

What is a DA?

In the United States, a district attorney ( DA ), state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a local government area, typically a county. The exact name and scope of the office varies by state.