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.

Stalking

• § 19.69. Definitions
• § 19.70. Stalking

Harassment

• § 61.20. Harassment; Defined & Punished

Analyzing Stalking Laws

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Stalking

9 GCA § 19.69. Definitions. (1993)

Unless otherwise indicated, as used in § 19.70:

(a)   Harasses or harassment means a knowing and willful course of conduct, whether physical, verbal, electronic, telephonic, written, or otherwise, directed at a specific person which alarms, annoys, or distresses the person, and which serves no legitimate purpose. Such course of conduct must be of a nature to cause a reasonable person to suffer substantial emotional distress, and must cause substantial emotional distress.

(b)   Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing continuity of purpose. Constitutionally and statutorily protected activity, including but not limited to picketing as a result of a labor dispute, is not included in this definition.

(c)   Credible threat means any threat, physical or verbal, overtly or subtly manifested, constituting a threat with the intent and apparent ability to carry out the threat with the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family. Such threatening advance must be against the life of, or a threat to cause bodily injury to, the person threatened or to a member of his or her immediate family.

9 GCA § 19.70. Stalking. (1993)

(a)   A person is guilty of simple stalking if he or she willfully, maliciously, and repeatedly, follows or harasses another person or who makes a credible threat with intent to place that person or a member of his or her immediate family in fear of death or bodily injury.

(b)   A person is guilty of advanced stalking if he or she violates subsection (a) of this section when there is a temporary restraining order or an injunction or both or any other court order in effect prohibiting the behavior described in that subsection against the same party.

(c)   A person is guilty of advanced stalking if he or she violates subsection (a) of this section a second or subsequent time against the same victim, within seven (7) years of a prior conviction under that subsection, and involving an harassment or a credible threat of violence, as defined in this § 19.69 of this Chapter.

(d)   Simply stalking is a felony of the third degree.

(e)   Advanced stalking is a felony of the second degree.

(f)    This section shall not apply to conduct which occurs during labor picketing.

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Harassment

9 GCA § 61.20. Harassment; Defined & Punished. (1971)

A person commits a petty misdemeanor if, with intent to harass another, he:

(a)   makes, or causes to be made, a communication anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;

(b)   subjects another to striking, kicking, shoving or other offensive touching, or threatens to do so; or

(c)   engages in any other course of alarming conduct or of repeatedly committed acts which alarm or seriously annoy such other person serving no legitimate purpose of the defendant.

(d)   Every person who with intent to annoy, telephones or telefaxes another and addresses to or about such other person any obscene language is guilty of a misdemeanor.

(e)   Every person who makes a telephone call or telefax transmission with intent to annoy and without disclosing his true identity to the person answering the telephone or receiving the telefax transmission whether or not conversation ensues from making the telephone call, is guilty of a misdemeanor.

(f)    Any offense committed by use of a telephone or telefax machine as set out in this section may be deemed to have been committed at either the place at which the telephone calls or telefax transmissions were made or received. In the event that a customer of a telephone service provider receives harassing telephone calls, such customer may file an injunction complaint under the name of John Doe, although the telephone service provider may release the name, address, and telephone number of the plaintiff to the Superior Court of Guam. The telephone service provider shall disconnect all telephone services to any subscriber who has violated the provisions of this section more than one (1) time.

(g)   Subsections (d) or (e) of this section are violated when the person acting with intent to annoy makes a telephone call or telefax transmission requesting a return call or return transmission and performs the acts prohibited under such subsections upon receiving the return call or transmission.

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