Stalking
Stalking is generally a Class A1 misdemeanor (up to 150 days in jail). However, when a person is convicted of stalking when there is already a court order in effect prohibiting similar behavior, he or she is guilty of a Class H felony (up to 30 months in prison). If a person is charged with stalking and has one or more prior convictions for stalking, the charge is punishable as a Class F felony (up to 68 months in prison).
Many stalking charges are handled in domestic violence court. When couples break up, one of the people frequently find it very hard to let go of the relationship and decide to incessantly bother, harass, and threaten their ex-boyfriend/ex-girlfriend. This offense is gender neutral and is committed by both males and females alike.
To be guilty of this offense, the defendant has to willfully (and on more than one occasion) follow or be in the presence of or otherwise harass another person without legal purpose and with the intent to place the person in reasonable fear for that person’s safety, or for the safety of that person’s immediate family or close personal associate or cause the person substantial emotional distress or continued harassment and that in fact causes substantial emotional distress. Harassment means conduct including written, printed, telephoned, text messaged, faxes, emails, computerized messages directed at a specific person that torments, terrorizes, or terrifies that person and serves no legitimate purpose.
Robert has a big crush on Tara. He has actually already been convicted of a stalking charge 4 years ago when he continuously harassed his ex-girlfriend Martha. Recently, Robert has been making advances towards Tara at the local bar. Tara acted politely towards Robert at first. However, Robert starts to forcefully demand dates with Tara and gets her phone number from Steve. From then on, Robert calls Tara 25 times a day even when she tells him to stop calling her. She finds Robert casing her workplace when she gets off work. In addition, he has begun to send her threatening text messages that say that he will hurt her if she does not go on a date with him. Tara becomes both annoyed and terrified. She finally calls the police, and Robert is charged with stalking again. Now Robert is facing a Class F felony and looking at a maximum of 68 months in prison.