NCJ Number
141697
Journal
Criminal Law Bulletin Volume: 29 Issue: 2 Dated: (March-April 1993) Pages: 124-136
Date Published
1993
Length
13 pages
Annotation
This analysis of State antistalking laws concludes that the speed with which these laws were passed has sometimes resulted in the use of language that either allows stalkers to evade punishment or is so broad that it raises constitutional issues; legislative language is proposed that would punish most stalking activity while withstanding court scrutiny.
Abstract
Because a stalker's behavior may involve a variety of lawful behaviors, it may be difficult to draft a statute broadly enough to pinpoint stalking behavior while not also punishing innocent or even constitutionally protected behavior. Nevertheless, traditional State laws have deficiencies that keep States from responding and effectively punishing stalking. Language that would appear likely to withstand a constitutional challenge would state that "any person who repeatedly follows or harasses another person with the intent to place that person in reasonable fear of sexual battery, bodily injury, or death; and whose actions would cause a reasonable person to suffer substantial emotional distress; and whose acts induce emotional distress in that person; is guilty of the crime of stalking." Footnotes