Stalking
California passes first state
legislation on stalking in 1990
By 1997, all 50
states had
stalking laws.
Under Tennessee law, stalking:
means a willful course of conduct involving
repeated or continuing harassment of another
individual that would cause a reasonable person
to feel terrorized, frightened, intimidated,
threatened, harassed, or molested, and that
actually causes the victim to feel terrorized,
frightened, intimidated, threatened, harassed, or
molested.
T.C.A. § 39-17-315.
Definitions
● Course of conduct: a series of two or more
separate non-continuous acts that show a
continuity of purpose
● Harassment: conduct directed toward a victim
that includes, but is not limited to, repeated or
continuing unconsented contact that would
cause a reasonable person to suffer emotional
distress, and that actually causes the victim to
suffer emotional distress.
Unconsented contact:
Includes, but is not limited to:
● Following a person
● Appearing at a person's workplace or residence
● Contacting a person by telephone
● Sending mail or electronic communications to
the person
● Delivering an object to the person
Emotional distress
● means significant mental suffering or distress
that may, but does not necessarily, require
medical or other professional treatment or
counseling.
Stalking is a Class A misdemeanor.
Aggravated stalking
Involves stalking and one of these:
● Displays a deadly weapon
● If the victim was less than age 18 and the stalker is at
least 5 years older than the victim
● If the stalker has a prior conviction in the past seven
years
● If the stalker makes a credible threat to the victim or
victim’s family members
● If there is any court order (e.g. protective order) that is
violated
● Aggravated stalking is a Class E felony.
T.C.A. § 39-17-315.
Especially Aggravated Stalking
Involves stalking or aggravated stalking and one of
these:
● has previously been convicted of stalking or
aggravated stalking involving the same victim or
● causes serious bodily injury to the victim or
select members of their family
● Especially Aggravated Stalking is a Class C
felony.
T.C.A. § 39-17-315.
Stalking victims
● are eligible for protective orders and
orders are enforced just like any
protective order under the law
T.C.A. §36-3-601
Play Stalking Video
Real Fear, Real Crime
Stalking is different from other crimes:
1. It entails repeat victimization
2. It is partly defined by its impact on
the victim: contact that would cause
a reasonable person to suffer
emotional distress.
Impact of Stalking
● Severe psychological trauma
● Victims constantly on alert
● Dealing with stalking can consume
tremendous energy
● Many seek psychological counseling.
● Symptoms tend to worsen with each new
incident
Reactions
● Take steps to avoid being followed
● Screen calls and change personal
information
● Temporary or permanent relocation
● Feel trapped by technology
Victim/Offender Relationship
● Stalking can occur:
during a relationship
 after a relationship
 or in the absence of a relationship.
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● Most stalking, however, is
committed by individuals known
to us and most is in the context of
interpersonal violence.
Extent of the Problem
● 8% of American women and 2% of men have
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experienced stalking in their lifetime
78% of stalking victims are women and 94% of
their stalkers are men
About 3/4’s of the women knew their stalkers,
most of whom were intimate partners (59%)
Victims were most apt to report they were
being stalked because stalker wanted them in
a relationship
On average, stalking lasted 18 months
It is often a precursor to lethal violence.
Reporting
● Only about half reported to the police.
● Those who do not report do not think the matter
is criminal, do not think the police can help them,
or fear that reporting will make the stalker even
more dangerous.
● Twenty percent of victims who reported stalking
stated that the police did not act regarding their
complaints.
● May minimize the risk a stalker poses or blame
themselves for the stalker's behavior and fail to
report.
Other Laws Related To Stalking
Behavior
• protective/restraining orders;
• threats, assaults, and attempted murder;
• kidnapping;
• vandalism and other property crimes;
• theft;
• domestic violence;
• sexual assault;
• hate crimes;
• terrorism or terrorist threats;
• voyeurism;
• identity and/or utility theft;
• cruelty to animals;
• wiretapping.
In sum:
● Most stalking appears to be related
to battering/relationship violence
● Stalking laws are another way for
victims to seek protection under the
law
● Penalties may be stronger under
stalking that other laws (e.g.
violation of protective order)
Challenges for Police
● Not a single, obvious crime
● Can involve acts the police may perceive as
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part of everyday courtship
Behaviors are complex, varied, and
unpredictable.
Stalkers are persistent and may not respond
to official sanctions
May see criminal justice system processes as
a way to stay in contact with victims
Effective investigations depend on gathering
information from many sources.
Things that Assist Police
● Offender is known
● Numerous opportunities to observe the stalker's behavior and make
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an arrest.
Leave much evidence to piece together
Documentation increases success
The sooner police can document stalking incidents, the greater the
chance of bringing the offender to justice before a case escalates to
lethal levels.
Stalking logs can assist in this process.
Assessment Exercise
Effective Actions
Identify stalking cases early
● The sooner police identify stalking, the
greater the chance of protecting the victim
from physical harm.
● Ask victims if there are other related
incidents
● Reviewing incident reports each day
● Examine protective orders for language
suggesting repeated behavior
● Reviewing the calls for service history.
Getting effective victim input
● Actively engage victims in
investigations.
● Victims' family members, neighbors,
employers, coworkers, and others are
also potentially important witnesses.
Ensuring that victims receive consistent,
professional support services
● Counselors and victim advocates can help
victims be effective witnesses and take
proper steps to protect themselves.
● They can maintain frequent contact with
victims and assist in many ways
● In addition, victim advocates can help
police develop more effective anti-stalking
policies and train officers to apply them.
Use a collaborative, multidisciplinary
approach
● Stalking victims often require a broad
range of services.
● A collaborative approach encourages
quicker responses from the most
appropriate resources.
Enforce all relevant laws
● Stalking statutes should be enforced in
conjunction with all other relevant laws.
● Police can rely on laws against domestic
violence, phone harassment, vandalism,
voyeurism, trespass, court-order violations, and
many other crimes to hold stalkers accountable
and protect victims.
● Assist Victims with Safety
Measures of Effectiveness
● increased number of stalking complaints
● shorter time between the first and last stalking
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incidents
reduced harm suffered by victims
increased number charges are filed
increased conviction rate
increased number of arrests for violations of
protective orders
increased victim satisfaction with police handling
of their cases
increased victim perception of safety