Georgia
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.
O.C.G.A. § 16-5-90
Stalking; psychological evaluation.
(2000)
(a) (1) A person commits the
offense of stalking
when he or she follows, places
under surveillance, or contacts
another person at or about a place or places without the consent of the other
person for the purpose of harassing and intimidating the other person. For the
purpose of this article, the terms "computer" and "computer network" shall have
the same meanings as set out in Code
Section 16-9-92; the term "contact" shall mean any communication
including without being limited to communication in person, by telephone, by
mail, by broadcast, by computer, by computer network, or by any other electronic
device; and the place or places that contact by telephone, mail, broadcast,
computer, computer network, or any other electronic device is deemed to occur
shall be the place or places where such communication is received. For the
purpose of this article, the term "place or places" shall include any public or
private property occupied by the victim other than the residence of the
defendant. For the purposes of this article, the term "harassing and
intimidating" means a knowing and willful course of conduct directed at a
specific person which causes emotional distress by placing such person in
reasonable fear for such person's safety or the safety of a member of his or her
immediate family, by establishing a pattern of harassing and intimidating
behavior, and which serves no legitimate purpose. This Code section shall not be
construed to require that an overt threat of death or bodily injury has been
made.
(2) A person commits the
offense of stalking
when such person, in violation
of a bond to keep the peace posted
pursuant to Code
Section 17-6-110, standing order issued under Code
Section 19-1-1, temporary restraining order, temporary protective
order, permanent restraining order, permanent protective order, preliminary
injunction, or permanent injunction or condition of pretrial release, condition
of probation, or condition of parole in effect prohibiting the harassment or
intimidation of another person, broadcasts or publishes, including electronic
publication, the picture, name, address, or phone number of a person for whose
benefit the bond, order, or condition was made and without such person's consent
in such a manner that causes other persons to harass or intimidate such person
and the person making the broadcast or publication knew or had reason to believe
that such broadcast or publication would cause such person to be harassed or
intimidated by others.
(b) Except as provided in subsection
(c) of this Code section, a person who commits the offense of stalking
is guilty of a misdemeanor.
(c) Upon the second conviction, and
all subsequent convictions, for stalking,
the defendant shall be guilty of a felony and shall be punished by imprisonment
for not less than one year nor more than ten years.
(d) Before sentencing a defendant for
any conviction of stalking
under this Code section or aggravated stalking
under Code
Section 16-5-91, the sentencing judge may require psychological
evaluation of the offender and shall consider the entire criminal record of the
offender. At the time of sentencing, the judge is authorized to issue a
permanent restraining order against the offender to protect the person stalked
and the members of such person's immediate family, and the judge is authorized
to require psychological treatment of the offender as a part of the sentence, or
as a condition for suspension or stay of sentence, or for
probation.
O.C.G.A. §
16-5-91. Aggravated stalking. (2002)
(a) A person commits the offense of
aggravated stalking
when such person, in violation of a bond to keep the peace posted pursuant to Code
Section 17-6-110, temporary restraining order, temporary protective
order, permanent restraining order, permanent protective order, preliminary
injunction, good behavior bond, or permanent injunction or condition of pretrial
release, condition of probation, or condition of parole in effect prohibiting
the behavior described in this subsection, follows, places under surveillance,
or contacts another person at or about a place or places without the consent of
the other person for the purpose of harassing and intimidating the other
person.
(b) Any person convicted of a
violation of subsection (a) of this Code section shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment for not less
than one nor more than ten years and by a fine of not more than $10,000.00. The
provisions of subsection (d) of Code
Section 16-5-90 apply to sentencing for conviction of aggravated
stalking.
O.C.G.A. §
16-5-92. Applicability. (1993)
The
provisions of Code
Sections 16-5-90 and 16-5-91 shall not apply to persons engaged in
activities protected by the Constitution of the United States or of this state
or to persons or employees of such persons lawfully engaged in bona fide
business activity or lawfully engaged in the practice of a profession.
O.C.G.A. §
16-5-93. Right of victim to notification of release or
escape of stalker. (1993)
(a) The victim of stalking or
aggravated stalking shall be entitled to notice of the release from custody of
the person arrested for and charged with the offense of stalking or aggravated
stalking and to notice of any hearing on the issue of bail for such person. No
such notice shall be required unless the victim provides a landline telephone
number other than a pocket pager or electronic communication device number to
which such notice can be directed.
(b) The law enforcement agency,
prosecutor, or court directly involved with the victim at the outset of a
criminal prosecution for the offense of stalking or aggravated stalking shall
advise the victim of his or her right to notice and of the requirement of the
victim's providing a landline telephone number other than a pocket pager or
electronic communication device number to which the notice of custodial release
or bail hearing can be directed. Such victim shall transmit the telephone number
described in this subsection to the court and custodian of the person charged
with stalking or aggravated stalking.
(c) Upon receipt of the telephone
number, the custodian of the person charged with stalking or aggravated stalking
shall take reasonable and necessary steps under the circumstances to notify the
victim of the person's release from custody. Such notice shall, at a minimum,
include:
(1)
Prior
to the person's release, placing a telephone call to the number provided by the
victim and giving notice to the victim or any person answering the telephone who
appears to be sui juris or by leaving an appropriate message on a telephone
answering machine; and
(2)
Following the person's release, if
the custodian is unable to notify the victim by the method provided in paragraph
(1) of this subsection, telephoning the number provided by the victim no less
than two times in no less than 15 minute intervals within one hour of custodial
release and giving notice to the victim or to any person answering the telephone
who appears to be sui juris or by leaving an appropriate message on a telephone
answering machine.
(d) Upon receipt of the telephone
number, the court conducting a hearing on the issue of bail shall take
reasonable and necessary steps under the circumstances to notify the victim of
any scheduled hearing on the issue of bail. Such notice shall, at a minimum,
include placing a telephone call to the number provided by the victim prior to
any scheduled hearing on the issue of bail.
(e) Notwithstanding any other
provision of this Code section, a scheduled bail hearing or the release of the
person charged with stalking or aggravated stalking shall not be delayed solely
for the purpose of effectuating notice pursuant to this Code section for a
period of more than 30 minutes.
(f)
Upon
the person's release or escape from custody after conviction and service of all
or a portion of a sentence, notification to the victim shall be provided by the
State Board of Pardons and Paroles as set forth in Code
Sections 42-9-46 and 42-9-47.
(g) This Code section shall not apply
to a custodian who is transferring a person charged with stalking or aggravated
stalking to another custodian in this state.
(h) As used in this Code section, the
term "custodian" means a warden, sheriff, jailer, deputy sheriff, police
officer, officer or employee of the Department of Juvenile Justice, or any other
law enforcement officer having actual custody of an
inmate.
(i)
A
custodian or his or her employing agency shall not be liable in damages for a
failure to provide the notice required by this Code section, but the custodian
shall be subject to appropriate disciplinary action including termination for
such failure.
O.C.G.A. §
16-5-94. Restraining orders; protective orders.
(1999)
(a) A person who is not a minor who
alleges stalking by another person may seek a restraining order by filing a
petition alleging conduct constituting stalking as defined in Code
Section 16-5-90. A person who is not a minor may also seek relief on
behalf of a minor by filing such a petition.
(b) Jurisdiction for such a petition
shall be the same as for family violence petitions as set out in Code
Section 19-13-2.
(c) Upon the filing of a verified
petition in which the petitioner alleges with specific facts that probable cause
exists to establish that stalking by the respondent has occurred in the past and
may occur in the future, the court may order such temporary relief ex parte as
it deems necessary to protect the petitioner or a minor of the household from
stalking. If the court issues an ex parte order, a copy of the order shall be
immediately furnished to the petitioner.
(d) The court may grant a protective
order or approve a consent agreement to bring about a cessation of conduct
constituting stalking. Orders or agreements may:
(1)
Direct
a party to refrain from such conduct;
(2)
Order a
party to refrain from harassing or interfering with the
other;
(3)
Award
costs and attorney's fees to either party; and
(4)
Order
either or all parties to receive appropriate psychiatric or psychological
services as a further measure to prevent the recurrence of
stalking.
(e) The provisions of subsections (c)
and (d) of Code
Section 19-13-3, subsections (b), (c), and (d) of Code
Section 19-13-4, and Code
Section 19-13-5, relating to family violence petitions, shall apply
to petitions filed pursuant to this Code section, except that the clerk of court
may provide forms for petitions and pleadings to persons alleging conduct
constituting stalking and to any other person designated by the superior court
pursuant to this Code section as authorized to advise persons alleging conduct
constituting stalking on filling out and filing such petitions and pleadings.