Stalking is defined as “willfully and maliciously” acting in a manner to annoy or alarm someone and making a threat with the intent of making that person afraid for their life or well being. These actions must be done in a series or pattern, similar to harassment. Stalking is generally defined as any unwanted contact that communicates a threat or places the victim in fear. Stalking does not have to be in person, it can be done by email, letter, text, chatting, facebook, or telephone. Basically, if you can communicate on it you can be charged with stalking on it. There are five elements that a prosecutor must prove beyond a reasonable doubt to convict a defendant of stalking :
For a first offense of stalking you can face up to 5 years in prison and fines reaching $1,000. If you are convicted of stalking a person who held a active violation of protective order against you then you face a mandatory minimum sentence of 1 year committed and a maximum penalty of 5 years. Repeat offenders will be sentenced to the mandatory minimum of 2 years committed time and up to 10 years in prison.