Stalking
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.
Harassment
Related Offenses
Analyzing Stalking
Laws
Stalking
Code of Ala. § 13A-6-90. Stalking. (1992)
(a)
A person who intentionally and
repeatedly follows or harasses another person and who makes a credible threat,
either expressed or implied, with the intent to place that person in
reasonable fear of death or serious bodily harm is guilty of the crime of
stalking.
(b) The crime of stalking
is a Class C felony.
Code of Ala. § 13A-6-91. Aggravated stalking. (1992)
(a)
A person who violates the
provisions of Section
13A-6-90(a) and whose conduct in doing so also violates any court
order or injunction is guilty of the crime of aggravated stalking.
(b) The crime of aggravated stalking
is a Class B felony.
Code of Ala. § 13A-6-92. Definitions.
(1994)
As used in this article, the
following terms shall have the following meanings, respectively, unless the
context clearly indicates otherwise.
(a) Course
of conduct. A
pattern of conduct composed of a series of acts over a period of time which
evidences a continuity of purpose.
(b) Credible
threat. A threat,
expressed or implied, made with the intent and the apparent ability to carry
out the threat so as to cause the person who is the target of the threat to
fear for his or her safety or the safety of a family member and to cause
reasonable mental anxiety, anguish, or fear.
(c) Harasses. Engages in an intentional
course of conduct directed at a specified person which alarms or annoys that
person, or interferes with the freedom of movement of that person, and which
serves no legitimate purpose. The course of conduct must be such as would
cause a reasonable person to suffer substantial emotional distress, and must
actually cause substantial emotional distress. Constitutionally protected
conduct is not included within the definition of this
term.
Code of Ala.
§ 13A-6-93. Construction; similar
provisions. (1992)
This article shall not be
construed to repeal other criminal laws. Whenever conduct prescribed by any
provision of this article is also prescribed by any other provision of law,
the provision which carries the more serious penalty shall be
applied.
Code of Ala. § 13A-6-94. Construction; constitutionality of
article. (1992)
This article shall be construed
and, if necessary, reconstrued to sustain its constitutionality.
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Harassment
Code of Ala. §
13A-11-8.
Harassment -- Harassing
communications. (1997)
(a) Harassment.
--
(1)
(1) A person commits the crime
of harassment
if, with intent to harass, annoy, or alarm another person, he or she
either:
a.
Strikes, shoves, kicks, or
otherwise touches a person or subjects him or her to physical contact.
b.
Directs abusive or obscene
language or makes an obscene gesture towards another person.
(2)
For
purposes of this section, harassment
shall include a threat, verbal or nonverbal, made with the intent to carry out
the threat, that would cause a reasonable person who is the target of the
threat to fear for his or her safety.
(3)
Harassment is a Class C misdemeanor.
(b) Harassing
communications. --
(1)
A
person commits the crime of harassing communications if, with intent to harass
or alarm another person, he or she does any of the following:
a.
Communicates with a person,
anonymously or otherwise, by telephone, telegraph, mail, or any other form of
written or electronic communication, in a manner likely to harass or cause
alarm.
b.
Makes
a telephone call, whether or not a conversation ensues, with no purpose of
legitimate communication.
c.
Telephones another person and
addresses to or about such other person any lewd or obscene words or
language.
Nothing in this section shall apply to legitimate business
telephone communications.
Harassing communications is a
Class C misdemeanor.
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Code of Ala. § 13A-11-32. Criminal
surveillance. (1977)
(a) A person commits the crime of
criminal surveillance if he intentionally engages in surveillance while
trespassing in a private place.
(b) Criminal surveillance is a Class
B misdemeanor.
NOTES: Commentary
Alabama law had no
provision expressly covering surveillance. Any coverage would derive from § 5
of the Constitution of Alabama of 1901, which affords a right of privacy to
citizens of Alabama.
Criminal surveillance, as
defined in this section, is distinguished from criminal eavesdropping, §
13A-11-31, as it must be done through visual observation or photography. The
prohibited conduct is surveillance done while one trespasses on private
property. Surveillance is defined in § 13A-11-30(3) to mean the secret
observation of the activities of another person for the purpose of spying upon
and invading the privacy of the person observed. A private place is defined in
§ 13A-11-30(2) to mean a place where one may reasonably expect to be safe from
casual or hostile intrusion or surveillance, but does not include a place to
which the public or a substantial group of the public has access. A private
hotel room would be included while the hotel lobby would not. Section
13A-11-30 makes it clear that surveillance in a private place is a crime.
Criminal surveillance occurs when there is a trespass on private property, but
not if there is mere observation from a public street. Normally a person has
adequate means to protect himself from observation from outside his own
property, but this is not true if photographic or other visual devices are
installed on his own property without his knowledge or consent.
Since
criminal surveillance is much broader than criminal eavesdropping, it is
indicated only at the Class B misdemeanor
level.
Code of Ala. § 13A-11-33. Installing an eavesdropping device.
(1977)
(a)
A
person commits the crime of installing an eavesdropping device if he
intentionally installs or places a device in a private place with knowledge it
is to be used for eavesdropping and without permission of the owner and any
lessee or tenant or guest for hire of the private place.
(b)
Installing an eavesdropping
device in a private place is prima facie evidence of knowledge that the device
is to be used for eavesdropping.
(c)
Installing an eavesdropping
device is a Class C felony.
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