Stalking charges, and questions about them, seem to come up more. And it is because of airtags.
We see a lot of stalking charges based on electronic stalking. It is not just hanging outside of somebody’s house or making sure you know where they work, or where they’re at. Stalking can now be if you track where they’re at electronically, using airtags or tracking their iPhone. Even sending text messages, saying I know where you’re at, is stalking.
It can be charged as a felony or misdemeanor based upon your actions. That is why it is important to know the prosecutor and get in front of them to discuss the facts of the case as soon as possible. So if you’re charged with stalking, you need an attorney early on, because the sooner we get started, the easier it can go on you.
STALKING CHARGES – FELONY STATUTE
565.225. Stalking, first degree, penalty. —
1. As used in this section and section 565.227, the term “disturbs” shall mean to engage in a course of conduct directed at a specific person that serves no legitimate purpose and that would cause a reasonable person under the circumstances to be frightened, intimidated, or emotionally distressed.
2. A person commits the offense of stalking in the first degree if he or she purposely, through his or her course of conduct, disturbs or follows with the intent of disturbing another person and:
(1) Makes a threat communicated with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety, the safety of his or her family or household member, or the safety of domestic animals or livestock as defined in section 276.606 kept at such person’s residence or on such person’s property. The threat shall be against the life of, or a threat to cause physical injury to, or the kidnapping of the person, the person’s family or household members, or the person’s domestic animals or livestock as defined in section 276.606 kept at such person’s residence or on such person’s property; or
(2) At least one of the acts constituting the course of conduct is in violation of an order of protection and the person has received actual notice of such order; or
(3) At least one of the actions constituting the course of conduct is in violation of a condition of probation, parole, pretrial release, or release on bond pending appeal; or
(4) At any time during the course of conduct, the other person is seventeen years of age or younger and the person disturbing the other person is twenty-one years of age or older; or
(5) He or she has previously been found guilty of domestic assault, violation of an order of protection, or any other crime where the other person was the victim; or
(6) At any time during the course of conduct, the other person is a participant of the address confidentiality program under sections 589.660 to 589.681, and the person disturbing the other person knowingly accesses or attempts to access the address of the other person.
3. Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section.
4. This section shall not apply to activities of federal, state, county, or municipal law enforcement officers conducting investigations of any violation of federal, state, county, or municipal law.
5. The offense of stalking in the first degree is a class E felony, unless the defendant has previously been found guilty of a violation of this section or section 565.227, or any offense committed in another jurisdiction which, if committed in this state, would be chargeable or indictable as a violation of any offense listed in this section or section 565.227, or unless the victim is intentionally targeted as a law enforcement officer, as defined in section 556.061, or the victim is targeted because he or she is a relative within the second degree of consanguinity or affinity to a law enforcement officer, in which case stalking in the first degree is a class D felony.
PENALTY OF CONVICTION
A first degree stalking conviction carries a class D or E felony depending on the situation. A class D felony is punishable with up to seven years in prison and fines not exceeding $10,000. A class E felony can result in four years in prison and a $10,000 fine. A class A misdemeanor from a second degree stalking conviction can result in up to one year in jail and a fine of $2,000. Obviously, these are incredibly serious crimes and anyone facing a stalking charge should seek out professional counsel with an experienced legal defense team like MRD Lawyers.
STALKING CHARGES– MISDEMEANOR STATUTE
565.227. Stalking, second degree, penalty. —
1. A person commits the offense of stalking in the second degree if he or she purposely, through his or her course of conduct, disturbs, or follows with the intent to disturb another person.
2. This section shall not apply to activities of federal, state, county, or municipal law enforcement officers conducting investigations of any violation of federal, state, county, or municipal law.
3. Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section.
4. The offense of stalking in the second degree is a class A misdemeanor, unless the defendant has previously been found guilty of a violation of this section or section 565.225, or of any offense committed in another jurisdiction which, if committed in this state, would be chargeable or indictable as a violation of any offense listed in this section or section 565.225, or unless the victim is intentionally targeted as a law enforcement officer, as defined in section 556.061, or the victim is targeted because he or she is a relative within the second degree of consanguinity or affinity to a law enforcement officer, in which case stalking in the second degree is a class E felony.
PENALTY OF CONVICTION
A misdemeanor stalking conviction is classified as a class A misdemeanor. This carries up to one year in jail or a fine up to $2,000, or both. If the victim is related to a law enforcement officer it is upgraded to a class E felony with a penalty of up to four years in jail. Suffice to say these are very serious penalties and can cost you a significant fine, fees, and the loss of your freedom. If you or someone you know face a stalking charge, it is imperative that you contact a trusted defense team like MRD Lawyers to defend your rights.