Stalking is a form of repeated, unwanted attention or harassment directed towards a specific individual over a period. Typically, stalking involves behaviors that instill fear or distress in the victim. Examples include following someone, sending unwarranted messages or gifts, or frequently showing up at their home or workplace without an invitation. While technology has modernized some methods stalkers use, such as cyberstalking, the essence remains the same: the persistent invasion of one’s privacy and safety.
The Harm Behind Stalking
Legislatures around the world recognize the profound psychological and physical harm stalking can cause. Victims often live in constant fear, which can severely affect their daily lives, emotional well-being, and even their physical health. Over time, this persistent fear can lead to anxiety disorders, depression, or post-traumatic stress disorder.
Furthermore, stalking isn’t just an invasion of privacy; it’s a threat to personal security. Many cases escalate over time, with the stalker becoming more daring and aggressive. This poses a risk not only to the victim but also to those around them.
Laws against stalking seek to protect individual rights to safety, privacy, and freedom from fear. It also helps prevent any escalation that could result in more severe crimes, such as assault or even homicide.
Classification of Stalking in Legal Codes
Stalking is generally classified as a criminal offense in most legal systems. Depending on the jurisdiction, it might be categorized as a misdemeanor or a felony. The severity of the punishment often depends on the specifics of the situation, prior convictions, and whether any other crimes were committed in conjunction with the stalking.
Broader Crime Categories
Stalking is unique, as it can overlap with various crime categories. It is a crime against persons because it involves direct harm towards an individual. However, if a stalker damages or steals the victim’s property, it also becomes a crime against property. In cases where the stalking has a sexual or intimate element, it might be classified alongside sexual crimes.
A Historical Look at Stalking
Historically, stalking as we understand it today wasn’t always recognized as a separate crime. However, the act of persistently pursuing or harassing someone isn’t new.
Ancient legal codes, like the Hammurabi Code, punished behaviors that could be akin to stalking, especially if they involved threats or intimidation. English common law, which serves as the foundation for many modern legal systems, did not specifically address stalking. Still, behaviors associated with it could be punishable under other offenses, such as trespass or breach of the peace.
Noted legal scholar Sir William Blackstone in his Commentaries on the Laws of England (1765-1769) discussed numerous offenses against the person, many of which encompass acts we’d recognize as stalking today. Blackstone’s work underlines the importance of individual rights and protection against personal harm, which indirectly supports the rationale behind modern anti-stalking laws.
The origins of modern statutes can be traced back to the late 20th century in the United States, primarily in response to several high-profile cases involving celebrities and their dangerous pursuers. Prior to these statutes, behaviors we recognize as stalking today were not explicitly criminalized, leading to significant challenges in prosecuting perpetrators under existing laws. In many situations, victims could only seek recourse if the stalker had committed another crime, such as assault or trespass.
The 1980s witnessed a shift in this legal void. The horrific murder of actress Rebecca Schaeffer in 1989 by an obsessed fan was a turning point. Public outrage and heightened media attention surrounding the case put pressure on legislators to create more definitive legal protections for victims. As a result, California became the first state to enact a specific anti-stalking law in 1990. This legislation served as a model for other states. By the mid-1990s, every state in the U.S. had a law criminalizing stalking.
These modern statutes were tailored to address the distinct patterns of behavior exhibited by stalkers, namely the persistent, unwanted attention that instilled fear or posed a credible threat to the victim. Over the years, as technology evolved, so did the statutes, with many jurisdictions updating their laws to address cyberstalking and other forms of electronic harassment. The establishment of these laws not only represented a crucial legal evolution but also signified a broader societal recognition of the severe emotional and physical trauma endured by stalking victims.
Defining Stalking in the MPC
The Model Penal Code (MPC), while not adopted universally by every U.S. jurisdiction, offers a comprehensive framework for understanding criminal offenses, including stalking. Under the MPC, stalking is defined as the “purposeful or knowing engagement in a course of conduct directed at a specific individual that would cause a reasonable person to fear bodily injury to herself or a member of her immediate family or to fear the death of herself or a member of her immediate family.” (MPC § 211.1(2)(c)).
This definition captures the essence of stalking by emphasizing the deliberate nature of the behavior and the genuine threat it poses. The MPC also highlights the need for the behavior to be perceived as threatening from the viewpoint of a reasonable person, ensuring that the crime’s subjective aspects are grounded in objective standards.
Defenses under the MPC
The MPC provides defenses that a defendant might raise. One common defense is the lack of intent. If a person can demonstrate they had no intent to cause fear or harm, they might have a valid defense. Similarly, if the alleged stalker can show their actions were misunderstood or taken out of context, they may argue they did not commit the offense of stalking. It’s worth noting that the MPC specifies these defenses to ensure that innocent behaviors are not inadvertently criminalized. (MPC § 2.02(2)(a)(i))
Summary of Stalking’s Essential Elements
- Mens Rea (Guilty Mind): The offender must have the purposeful or knowing intent to engage in the behavior and must understand that it would instill fear in the victim.
- Actus Reus (Guilty Act): The actual act of pursuing, following, or otherwise harassing the victim in a repeated manner.
- Concurrence: The intent and the act must coincide. For stalking, this means the offender’s intention to instill fear aligns with their actions towards the victim.
- Causation: There must be a direct link between the offender’s actions and the fear experienced by the victim.
- Harm: The victim must experience real fear for their safety or the safety of their family.
- Attendant Circumstances: The circumstances surrounding the crime, such as the relationship between the stalker and the victim or the use of technology to facilitate the stalking, can impact the severity of the charge.
Summary
Stalking is characterized by persistent, unwarranted attention, often causing fear and distress in its victims. This invasive behavior, which spans from physically following someone to cyberstalking in the digital age, has profound psychological impacts, leading to disorders such as anxiety and PTSD. Recognized globally, anti-stalking laws aim to safeguard individual rights and deter escalation to graver offenses. Stalking’s classification varies across legal systems, fitting into broader crime categories like crimes against persons or property. Historically, stalking-like behaviors existed but lacked distinct legal classification. It wasn’t until high-profile cases in the 20th century, like Rebecca Schaeffer’s tragic murder, that specific anti-stalking laws emerged, with California leading the way. Today, the Model Penal Code provides a comprehensive stalking definition, emphasizing its deliberate nature and threat. While defenses exist, such as lack of intent, the MPC ensures genuine threats are addressed.
References
- Blackstone, W. (1765-1769). Commentaries on the Laws of England. Clarendon Press.
- Hammurabi. (circa 1754 BC). Code of Hammurabi. [Ancient Mesopotamian Text].
- National Center for Victims of Crime. (2018). Stalking fact sheet.
- American Law Institute. (1985). Model Penal Code & Commentaries. ALI.
Modification History File Created: 07/17/2018 Last Modified: 10/10/2023
This work is licensed under an Open Educational Resource-Quality Master Source (OER-QMS) License.
