STALKING

STALKING

  • Repeated, unwanted, intrusive, and frightening communications from the perpetrator by phone, mail, and/or email.

  • Repeatedly leaving or sending victim unwanted items, presents, or flowers.

  • Following or laying in wait for the victim at places such as home, school, work, or recreation place.

  • Making direct or indirect threats to harm the victim, the victim's children, relatives, friends, or pets.

  • Damaging or threatening to damage the victim's property.

  • Harassing victim through the internet.

  • Posting information or spreading rumors about the victim on the internet, in a public place, social media or by word of mouth.

  • Obtaining personal information about the victim by accessing public records.

  • Using GPS devices and or Computer spyware ARIZONA’S ANTI-STALKING STATUTES

    13-2923. Stalking; classification; definitions

    A. A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct either:

    1. Would cause a reasonable person to fear for the person's safety or the safety of that person's immediate family member and that person in fact fears for the person's safety or the safety of that person's immediate family member.

2. Would cause a reasonable person to fear death of that person or that person's immediate family member and that person in fact fears death of that person or that person's immediate family member.

B. Stalking under subsection A, paragraph 1 of this section is a class 5 felony. Stalking under subsection A, paragraph 2 of this section

C.

is a class 3 felony.
For the purposes of this section:

1. "Course of conduct":
(a) Means any of the following:

2.

(i) Maintaining visual or physical proximity to a specific person or directing verbal, written or other threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short.

(ii) Using any electronic, digital or global positioning system device to surveil a specific person or a specific person's internet or wireless activity continuously for twelve hours or more or on two or more occasions over a period of time, however short, without authorization.

(b) Does not include constitutionally protected activity or other activity authorized by law, the other person, the other person's authorized representative or if the other person is a minor, the minor's parent or guardian.

"Immediate family member" means a spouse, parent, child or sibling or any other person who regularly resides in a person's household or resided in a person's household within the past six months.

13-2916. Use of an electronic communication to terrify, intimidate, threaten or harass; applicability; classification; definition
A. It is unlawful for any person, with intent to terrify, intimidate,

threaten or harass a specific person or persons, to do any of the following:

1. Direct any obscene, lewd or profane language or suggest any lewd or lascivious act to the person in an electronic communication.

2. Threaten to inflict physical harm to any person or property in any electronic communication.

3. Otherwise disturb by repeated anonymous, unwanted or unsolicited electronic communications the peace, quiet or right

of privacy of the person at the place where the communications

were received.

  1. Any offense committed by use of an electronic communication as set

    forth in this section is deemed to have been committed at either the place where the communications originated or at the place where the communications were received.

  2. This section does not apply to constitutionally protected speech or activity or to any other activity authorized by law.

  3. Any person who violates this section is guilty of a class 1 misdemeanor.

  4. For the purposes of this section, "electronic communication" means a wire line, cable, wireless or cellular telephone call, a text message, an instant message or electronic mail.

    FEDERAL STATUTES

1. VIOLENCE AGAINST WOMEN ACT

Whoever—

(1) travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury to, or causes substantial emotional distress to that person, a member of the immediate family (as defined in section 115) of that person, or the spouse or intimate partner of that person; or

(2) with the intent—

a. to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate, or cause substantial emotional distress to a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or

b. to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the death of, or serious bodily injury to—

  1. (i)  that person;

  2. (ii)  a member of the immediate family (as defined in

    section 115 [1] of that person; or

  3. (iii)  a spouse or intimate partner of that person;

uses the mail, any interactive computer service, or any facility of interstate or foreign commerce to engage in a course of conduct that causes substantial emotional distress to that person or places that person in reasonable fear of the death of, or serious bodily injury to, any of the persons described in clauses (i) through (iii) of subparagraph (B); [2] shall be punished as provided in section 2261 (b) of this title.

Section 2261 (B):

(b) Penalties. -- A person who violates this section or section 2261A shall be fined under this title, imprisoned--

(1) for life or any term of years, if death of the victim results;

(2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the victim results;

(3) for not more than 10 years, if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense;

  1. (4)  as provided for the applicable conduct under chapter 109A if the offense would constitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and

  2. (5)  for not more than 5 years, in any other case, or both fined and imprisoned.

(6) Whoever commits the crime of stalking in violation of a temporary or permanent civil or criminal injunction, restraining order, no-contact order, or other order described in section 2266 of title 18, United States

Code, shall be punished by imprisonment for not less than 1 year.

OTHER FEDERAL ANTI-STALKING/HARRASSMENT STATUTES

18 U.S.C. section 2425 - Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, knowingly initiates the transmission of the name, address, telephone number, social security number, or electronic mail address of another individual, knowing that such other individual has not attained the age of 16 years, with the intent to entice, encourage, offer, or solicit any person to engage in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title, imprisoned not more than 5 years, or both.

18 U.S.C. 875(c) – Making a federal crime, punishable by up to five years in prison and a fine of up to $250,000, to transmit any communication in interstate or foreign commerce containing a threat to injure the person of another. Section 875(c) applies to any communication actually transmitted in interstate or foreign commerce - thus it includes threats transmitted in interstate or foreign commerce via the telephone, e-mail, beepers, or the Internet.

47 U.S.C. 223 - Making a federal crime, punishable by up to two years in prison, to use a telephone or telecommunications device to annoy, abuse, harass, or threaten any person at the called number. The statute also requires that the perpetrator not reveal his or her name.

Interstate Stalking Act - Makes it a crime for any person to travel across state lines with the intent to injure or harass another person and, in the course thereof, places that person or a member of that person's family in a reasonable fear of death or serious bodily injury. See: 18 U.S.C. 2261A

For further information, or questions about Stalking, please contact Adams & Associates, PLC at 480 219 1366, or E-mail Ashley at aadams@azwhitecollarcrime.com.