Stalking Crime Anti-Stalking Laws

Summary of US Anti Stalking Legislation and Harassment Law

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Anti Stalking Law - patricia horner_photobucket
Anti Stalking Law - patricia horner_photobucket
How does the legal system protect us from stalkers? Learn the basics from this overview of US anti-stalking acts and find resources for stalking victims.

What Is Stalking?

Stalking is a crime of obsession, often associated with different types of psychopathology, including psychosis and severe personality disorders. Depending on the type of stalker, behavior may range from overtly aggressive threats and actions, to repeated phone calls, letters or approaches. Harassment and stalking may go on for years, causing the victim of stalking to exist in a constant state of stress and fear. The violent aspects of stalking behavior often escalate over time, and in extreme cases can end in murder (Douglas 1998).

Stalking Behavior

There are anti-stalking laws in place, both federal and state, designed to protect those being stalked. Under these laws, perpetrators can be charged with stalking for repeatedly:

  • Following or appearing within the sight of another.
  • Approaching or confronting another individual in a public or private place.
  • Appearing at the work place or residence of another.
  • Entering or remaining on an individual's property.
  • Contacting a person by telephone.
  • Sending postal mail or e-mail to another.

California and the Origin of Harassment Law

Although stalking behavior has no doubt been present throughout history, stalking laws are a relatively recent invention. The first anti-stalking legislation was passed by California in 1990, in the aftermath of the stalking and murder of actress Rebecca Schaffer.

Section 646.9 of the California Penal Code, states that a person is guilty of stalking when they, "willfully and maliciously and repeatedly follow or harass another person and make credible threats with the intent to place that person in reasonable fear for his or her safety or that of an immediate family member".

Federal Stalking Model

In 1992, the U.S. Congress enacted legislation requiring the Attorney General to conduct research on stalking and develop a "constitutional and enforceable" model anti-stalking code. The Project to Develop a Model Anti-Stalking Code for States resulted from this mandate, and was presented to the National Institute of Justice in October of 1993.

The code encouraged state governments to make stalking a felony offense and to establish penalties for stalking that reflect the seriousness of the crime. It also recommended that states provide criminal justice officials with the authority and legal tools to arrest, prosecute, and sentence stalkers.

Because the behavioral pattern of stalkers is often characterized by a series of increasingly serious acts, the model advised the use of a continuum of increasingly severe criminal charges, as well as the creation of a felony classification for stalking. By September of 1993, all 50 states and the District of Columbia had created some form of anti-stalking law.

Federal Stalking Laws

Congress passed the Violent Crime Control and Law Enforcement Act in the fall of 1994. A component of this crime bill, the Violence Against Women Act, included a provision that makes it a federal crime to cross a state line with the intention of injuring, harassing, or intimidating a spouse or intimate partner.

In 1996, Congress enacted a broader federal stalking law forbidding interstate stalking and stalking within federal jurisdiction. This law also expanded the Violence Against Women provisions to include all stalking victims, regardless of whether there was a previous relationship with the offender.

Stalking Crime

Too often victims do not fully appreciate the true danger of being stalked, and this can be a fatal mistake. If you feel uncomfortable with the repeated advances, gifts or communications of an “admirer,” trust your instincts, and err on the side of caution. Become familiar with federal and state stalking laws, stalking statistics, and the many resources available to assist and protect stalking victims, such as the Stalking Resource Center and the Office of Justice Programs. All stalking is a crime and all stalkers should be considered dangerous.

Additional Stalking Resources

Douglas, J, and Olshaker, M. Obsession. Published by Scribner (1998).

Tami Port, MS, Tami Port

Tami Port - Tami Port is a college professor of cell and microbiology and creator of ScienceProfOnline.com, a free science education website.

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Feb 16, 2009 4:46 PM
Guest :
I am being stalked by an ex-girl friend What course of action do I have
Jul 23, 2009 9:31 AM
Guest :
A friend of mine and I are being stalked by an obsessed ex friend and her gang. This ex friend has been driving around our places of residence- calling and harassing us- creating lies to get us to fight with each other- she fraudulantly uses our names and addresses to place false orders for food- she fraudulantly poses as family members when ever one of us goes to hospitals or public medical facilities in general and she just absolutely refuses to accept the fact that she is no longer a friend for reasoning that stabbing people in the back is so not an option. This woman has been doing all this for 10 months now. The police refuse to arrest her for stalking & harassment- they also refused to arrest her when she assulted my friend on her property. This woman is truly an obsessed psycho with a dangerous intent and we need any and all information we can find to put her and her friends in jail so that our torment comes to an end.
Aug 18, 2009 2:49 PM
Guest :
I am a victim of stalking and electronic harassment in Louisville, KY. I have been gathering evidence as I go along but cannot believe how much this is actually tolerated, and how many victims there really are worldwide. There isn’t any reason for these attacks on my life- I am a 40-year old engaged hard-working American woman, working on plans for my future. My mother is of Pennsylvania Deutsch descent; my father is a Vietnam Veteran. I have managed to make a good living for myself, but with these attacks becoming more and more frequent, I am truly afraid to establish any solid roots yet (such as having children and developing strong business connections).
The electronic harassment started (and occasionally continues) just over a year and a half ago at places that I worked as a contract worker, and sometimes in my home. In the beginning there were certain “memory games” played by various employees there that followed each instance of electronic harassment where someone would always ask things like “What dog are you working on?” and “What is that dog’s owner’s name?” And I would also overhear statements as “I haven’t the foggiest idea” and “When I get finished with you, you will not even remember your name”. The grammar, mentality, suggestions, and maturity levels are revealing lack of intelligence or respect for other’s personal boundaries, moral standing or conscience considering the level of technology used in these attacks. To counteract these attempts, I have adopted an herbal sleep regimen to rest and stay healthy. These attacks and “suggestions” occur often when I am trying to sleep as well. They are attempts at brainwashing or to cause sleep deprivation.
Working as a contractor and slowly planning to eventually do business on my own, I work a heavy but varied schedule at times. Some perps were probably under the impression that I was not even employed at all for some reason. Heckling would be heard at various places sometimes (while getting gas, etc.) like “McDonald’s is hiring”, “Do you want fries with that?”, “Taco Bell is hiring”, and “I forgot my briefcase”. And I am standing there just dumbfounded at the ignorance because I WAS WORKING but with a varied work schedule at the time - and didn’t even realize that I had been ATTRACTING attention, and why I am even the focus of some kind of sick obsession that is apparently going on.
When in public the harassment and noises from random strangers directed toward me suggests that I am expected to either be “retarded” or “stupid”, and there is also surprise at my appearance (apparently, I am not looking as badly as expected?), sometimes even followed by statements like “You don’t deserve to look like that”, or “I thought I saw a ghost”. These attacks are annoying, but at my age I do not understand why they would even be directed toward me.
Some other harassment tactics used over the years included auto vandalism, harassment while driving (intentionally trying to cause you to have an accident), harassment in public, bright lights flashed on you repeatedly, squealing tires and honking, random “out of place” conversation next to you in public to attempt to humiliate or intimidate you, feedback from ridiculous rumors that are sometimes conflicting (being suspected of ridiculous things such as stealing, alcoholism, of being a crack head, a schizophrenic, a child molester (in my case a rumor was started and I have no contact with children - don’t live around children - and never speak to children unless I am actually introduced to them), and various railroading attempts), sudden hostility at work and having to change jobs frequently, random electrical items or tools not working (things that have not been used very much or are not that old), suddenly being pushed and crowded on purpose when attending public events such as concerts or events when no one else is being bothered in the crowd, unusual “attention” from random strangers than anyone else in public when you are not drawing any attention to yourself on purpose, not receiving your email, phone calls or mail in the volumes that you would normally receive them, hostile responses when refusing to answer certain personal questions at work concerning religion, political affiliation, your bills, income, sex life or personal life, also a difference in hostility in public when you become a little more private in your personal affairs. (The flow of information is not getting to the proper “channels”). Sometimes they are trying even trying to create the illusion of hostility in you so that you are seen as a dangerous threat of some kind (cause and effect). Ridiculously, you are then to “blame” when you are the one being targeted and have no control over it.
Loud noises / disturbances in front of your home (and noone else’s) for no apparent reason are also common occurrences. During outings, strangers intentionally treating you rudely in contrast to whomever you are with just to make a point to harass you. This is an attempt to intentionally cause friction or jealousy between you and your friends, or your partner. Awareness is the best weapon against falling for this truly tasteless tactic.
An especially dangerous tactic to watch out for is when experiencing life changes or hardships, especially a death in the family. There will be certain people (I call them emotional vultures) that try to pick apart details of your emotional “status” looking for a permanent mental disorder of some kind just because you are upset about a normal temporary life hardship or even when you are only experiencing everyday stress that comes and goes. They will suddenly become more judgmental as if they are “goose-stepping” around you to make you uncomfortable instead of actually giving you the support that would normally be needed when in a weakened emotional state. These people will sometimes go as far as to spread rumors that you are on the “verge of a nervous breakdown”. For example singing jingles as you are trying to cope such as “They’re coming to take me away…” and “Here we go loop to loop…” (A true pillar of support in times of need…)
Perpetrators that are involved in this type of stalking are trying to single you out, alienate you and wear you down to the point that they feel worthless, haggard (focusing on how much I am “aging” or “not aging”), unattractive, and unable to achieve anything, focus on anything or quite frankly, even remember things easily. Being 40 years old - I am not expecting to be seen as a beauty queen - I do not take the suggestions very seriously.
It is my feeling that their possible goals are a nervous breakdown (institutionalization), homelessness, addiction, and prostitution, prison, even suicide – to somehow destroy the victim. Common things overheard are “What do you live for?” and “You have accomplished nothing”. I cannot ascertain as to what the reasons are for these attacks- possibly targeting for sport (sociopath), for control or intimidation (imagined entitlement), to discredit for some reason, rejection and not having fulfillment or direction in their own lives, religious reasons or the lack thereof, obsession or jealousy and I am not really sure if these people even KNOW me personally (I do not know these people- which makes this even creepier).
The network involved seems to be from all walks of life and occupations thriving on intimidation, and resembles “Texas Chainsaw Massacre” combined with sort of a “Fight Club”. Control Freaks. Busy Bodies (usually the same types of people that feed on a “cause”, just get a rise from starting trouble, just to feel important, or to “fit in”). Campaigns against someone sometime resemble a witch-hunt. Some are high-tech Peeping Toms, preying on people (usually women) that “seem” weaker, apparently because they think they will get away with it (“safety in numbers”). Not very “nice” people, not very “good” people, and they seem to be willing to go dangerously far to achieve results. The “power of suggestion” is very powerful in these groups. Not much actual fact is introduced, or direct confrontation with reality (for fear of blowing the “cover”). Perpetrators are convinced by someone that has “larger than life” influence over them (probably bullying them to some degree) and they sometimes even resort to using children to do their dirty work (which confuses me if the end result is to create the delusion of someone being some kind of child predator - I would think that they would not put them at “risk” on purpose). I would be the last person to ever harm a child, but it makes me very uncomfortable when this is done on purpose.
Dealing with my own posttraumatic stress issues from a previous attack and hospitalization during my teenage years- this is extremely painful for me to accept as reality. My caution and boundaries that I have to follow to protect myself are being viewed sometimes as being “stand-offish” (even though it is not at all obvious – it seems to attract attention for some reason), and I am not any more distant than any other person in my community. In fact, I believe that by being “too friendly” at times, and not coming to terms that you have to be cautious that you can actually put you at risk and in harms way for gang stalkers that feel entitled to intrude in your life without permission, or in most cases, without even knowing you at all. The worst thing that you can do is to open yourself up to getting involved with these groups in the first place. My guess is that it could become something that you may not be able to get out of.

I plan to continue my research and gather as much evidence as possible, and reach out to more victims- especially since my life has been attacked over the years (smear campaigns, black-listing and stalking). Ironically, it is very hard to find help when targeted or gang-stalked. Without evidence it is even easier to dismiss you as being a "trouble-maker", or schizophrenic and you are discredited. Becoming aware and gathering evidence every single day is a necessary lifestyle change to stay alive. You also have to safeguard your health by limiting stress and resting a much a possible.
Oct 3, 2009 1:51 PM
Guest :
I have been cyberstalked and gang stalked for the past year and a half. They are religious fanatics...not what you might think. It is New world agers... and the new world order...backed by hindu ...I don't know what they want with me...except the fact one has talked about the rapture. I must be considered an unbeliver since I am a Catholic. They bugged my home, phone, yes...all sounds unbelievable...most of what happened to me echos the 40 year old woman who wrote on Aug. 18, 2009. It all started with one individual. A man I met..found out he had great hindu powers. I never believed in that..but make no mistake, I do now. The scenario of repeating what was said in my home, following me, driving in gangs around my house, non stop phone calls, basically bullying. This all echos her experience. The two of us are not alone in this...I was vulnerable after my divorce and bacame a target individual. I have had no help from the authorities. I pray alot and have support from my true friends. I recently found out the authorities basically leave these gang stalkers alone...the cults and the new age religion...the new world order. I am taking back my life but they persist in their psychopathic behavior and endeavors.
Jun 27, 2010 5:18 PM
Guest :
I'm also a victim of stalking and electronic harassment. I think that single stalker victims go through a lot of suffering and that there aren't sufficient recourses for them in the system. In addition, they run the risk of angering their stalker when they file restraining orders or fight back.

Imagine what it's like for us. I called the NCVC and was told that "organized stalking" only existed in the minds of paranoid schizophrenics. That's odd because I must be a "schizophrenic" with proof. (I don't have any mental health diagnosis.) This is the kind of humiliation that OS/EH targets are put through. And, speaking of evidence, it has been hard to get any government or law enforcment agency to help - which *implicitly* lets us know that at least some of them are aware of the system and are doing nothing.

This is not a matter of "national security" - this is a matter of domestic terrorism on US soil that appears to be state sanctioned. It's time for someone - an agency or organization to step up to the plate and stop giving lip service to laws that are not enforced. Not even the government has a right to violate my basic human rights.
Jul 2, 2011 8:05 PM
Guest :
How does one make the organised gang stalking/community stalking stop? And should we be concerned about our well being?

-stalking
-defamation of character-slander
-animal cruelty
-property damage
-vebal and emotional abuse
-abuse to a minor -child via mind games
-abuse to an individual who is partially disabled -mind games
-electronic/radio harasment
-mail theft/redirection/tampering with US mail
-internet attack (bank acct password compromised, yahoo, msn, ect,...)
-neighbor mob stalking
ect,...just to list a few
Jul 2, 2011 8:07 PM
Guest :
Did any one on this site get his Q answered?
Sep 1, 2011 9:05 AM
Guest :
I am stalked by a neighbor who is resentful that we ended our friendship with her. After 4 years of watching her kids wonder without parental vision and allowing them to play with my children and do crafts because their parents would be busy doing something other than watching their own children. The oldest, a 6 yr old, would be locked out of the house. I'd call and she'd say I didn't know what else to do(really?) The baby would be left in a swing in the rain and time and time again we'd watch them for hours while there was no sign of their parents. The oldest began to behave very innapropriate and badly to my own children. I would send her home and let her mother know how she was behaving. Instead of parenting and having her apologize or take a time out, she'd just say it's time to eat. I knew I should have called child protective services but I didn't want to create trouble for those kids since the oldest was put in the middle of a divorce gone bad and ugly. Finally we realized we needed to end this otherwise it would get worse. We put up trees (we can't put up a fence since we live in a HOA) as a devider to be amlicable and keep chidren in their own respective yards. Since then we can't go outside without this woman behaving erratic and making many complaints about our new puppy who at times becomes loose from our 6 yr old and 4 yr old. A mattter of seconds where the dog will dart off and then be retieved and she's camera ready. She even called the police on our 6 month old puppy, the police couldn't beleive it and advised us to ignore her. Her husband left for the whole day storming off because it was obvious he was upset with her behavior. She then called the police on my husband and made a false accusation that he had spit on her car when what she didn't clearly think out is a neighbor friend was right there witnessing her driving by us in her car when it supposedly happened. She's made it so that we can no longer have a close line since its not in the by laws. She tries to find fault with everything we find joy in. All the kids in the neighborhood play at our home and the next day we find our lights on the playscape cut. When we are out socially with our neighborhood friends she hurridly drags her kids out on bikes to parade around us. What can we do to make this woman stop? We have ignored her but she continues to attack...please help!!!
Sep 27, 2011 11:38 AM
Guest :
I have been stalked by my ex-ex-girlfriend because we had a bad relationship
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