NCJ Number
153399
Journal
Rutgers Law Journal Volume: 25 Issue: 2 Dated: (Winter 1994) Pages: 465-515
Date Published
1994
Length
51 pages
Annotation
This research note focuses on the problem of stalking and the existing and potential remedies to this threat.
Abstract
The first section explores typical situations in which stalking occurs: stalking by former intimates, stalking of celebrities by obsessive fans, and stalking of adults or children by acquaintances or strangers. Remedies available to victims of stalking before the enactment of stalking-specific statutes included civil protection orders, statutes prohibiting harassment, and civil actions taken against an individual or a government entity. California enacted the first stalking statute in 1990. This article outlines the California model and compares other State laws in terms of definitions, content, penalties, and distinguishing features. After discussing the national law authorizing model stalking legislation, the author proposes a way to balance legislation drafted too broadly to be constitutional and too narrowly to prevent effectively stalking. 306 references