NCJ Number
154456
Journal
Northwestern University Law Review Volume: 88 Issue: 2 Dated: (Winter 1994) Pages: 769-802
Date Published
1994
Length
34 pages
Annotation
Forty-eight States and the District of Columbia have laws that make it a crime to stalk another person. However, these antistalking laws are subject to constitutional attacks on the grounds of vagueness and overbreadth.
Abstract
Because there has been no reported court ruling on the constitutionality of an antistalking statute, this article uses the analogies of laws prohibiting telephone harassment, general harassment, disorderly conduct, and loitering, all of which have faced similar constitutional challenges. This article describes the legal doctrines of vagueness and overbreadth and examines provision of the 49 laws currently on the books. The success or failure of a challenge to an antistalking law will depend on the elements of the particular law at stake. Those drafted around previously articulated constitutional boundaries, and that include requirements of criminal intent, communication of a threat, and an objective standard against which to measure the potential offender's behavior, are most likely to be upheld by the courts. 191 notes