Tuesday

The origin of federal and state laws against stalking and harassment

Just the term "stalker" conjures up terrifying negative images for many people. We hear scary stories on the news about people, even working class citizens, who are seriously hurt or even killed by someone who was stalking them. This is especially true for celebrities, who face this serious and potentially life-threatening danger every time they walk out the door. To protect ourselves, no matter what class we fall under, the United States has regulated anti-stalking laws, in addition to state-mandated legislation.

The state of California is among the many states that have enacted specific anti-stalking laws to combat a serious problem. To understand this legislation, it is important to note the definition of stalking. According to dictionary.com , "stalking" is pursuing something (whether game, person, or other prey) stealthily or in a deliberate/sinister manner. The definition itself even sounds menacing.

California was the first state to pass anti-stalking legislation, in 1990, due to the horrible stalking and resulting death of actress Rebecca Schaeffer. Not only was her death a shock to the community, but it was also a wake-up call to the state, proving the inadequacies of then-current stalking legislation. Within three years, all 50 states had enacted anti-stalking laws of their own.

California Penal Code Section 646.9 states that someone is guilty of stalking if/when he/she: "...willfully and maliciously and repeatedly follows or harasses another person
and makes credible threats with the intent to place that person in reasonable fear for his or her safety or that of an immediate family member."

The punishment for stalking, especially in cases of repeated offenses, becomes very severe. This is primarily because stalking is a crime that leads to much more serious ones, such as kidnapping, assault and/or battery, rape, and even murder. State and federal governments are aware of these concerns and treat the crime of stalking as seriously as it should indeed be viewed. Even for a first-time offense, the punishment can be one year in prison and/or a fine of $1,000. The penalty is much steeper when the offense violates probation, a restraining order, or another type of court order, and offenders can expect 2-4 years in prison for this offense. In addition, if the offender continues to stalk his/her victim, the penalty increases and a restraining order may be issued.

In addition to restraining orders, jail time, and monetary fines, convicted stalkers (especially repeat offenders) may be forced to register with local law enforcement when the move or are released from jail. Victims of stalking can also legally sue the stalker for monetary compensation in some cases. One of the easiest ways to protect yourself against stalking is to request DMV records to be suppressed, except to law enforcement and similar legal professionals. This means that stalkers have more trouble finding a home address and similar information, making their job much more difficult. In conjunction with this, never post a physical address or phone number on an unsecured website.