This page lists the most applicable state crimes addressing stalking.
However, depending on the facts of the case, a stalker might also be charged
with other crimes, such as trespassing, intimidation of a witness, breaking
and entering, etc. Check your state code or consult with your local prosecutor
about other charges that might apply in a particular case.
Analyzing Stalking Laws
13 V.S.A. § 1061. Definitions.
As used in this
(1) "Stalk" means to engage in a
course of conduct which consists of following, lying in wait for, or
(A) serves no legitimate purpose;
cause a reasonable person to fear for his or her physical safety or would
cause a reasonable person substantial emotional
(2) "Course of conduct" means a
pattern of conduct composed of two or more acts over a period of time, however
short, evidencing a continuity of purpose. Constitutionally protected activity
is not included within the meaning of "course of
(3) "Following" means maintaining
over a period of time a visual or physical proximity to another person in such
manner as would cause a reasonable person to have a fear of unlawful sexual
conduct, unlawful restraint, bodily injury, or death.
(4) "Harassing" means actions
directed at a specific person, or a member of the person's family, which would
cause a reasonable person to fear unlawful sexual conduct, unlawful restraint,
bodily injury, or death, including but not limited to verbal threats, written,
telephonic, or other electronically communicated threats, vandalism, or
physical contact without consent.
(5) "Lying in wait" means hiding or
being concealed for the purpose of attacking or harming another
13 V.S.A. § 1062. Stalking.
Any person who intentionally
stalks another person shall be imprisoned not more than two years or fined not
more than $ 5,000.00, or both. 13
V.S.A. § 1063. Aggravated stalking. (2005)
(a) A person commits the crime of
aggravated stalking if the person intentionally stalks another person, and:
conduct violates a court order that prohibits stalking and is in effect at the time of the offense; or
been previously convicted of stalking or aggravated stalking; or
been previously convicted of an offense an element of which involves an act of
violence against the same person; or
person being stalked is under the age of 16 years; or
(5) had a deadly weapon, as defined
in section 1021 of this title, in his or her possession while engaged in the
act of stalking.
(b) A person who commits the crime
of aggravated stalking shall be imprisoned not more than five years or be fined not more than $
25,000.00, or both.
(c) Conduct constituting the offense
of aggravated stalking shall be considered a violent act for the purposes of determining
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