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Wrongly Accused For Stalking (CRIMINAL LAW & PROCEDURE)

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• Tue, 01 May 2001 07:33:00 GMT(1)
• Stalking
  Alabama
  Article 5 Stalking and Aggravated Stalking
  Section 13A-6-90. STALKING. 1992.
  "(a) A person who intentionally and repeatedly follows or harasses another person and who makes a credible threat, either express or implied,
  with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of the crime of stalking.
  (b) The crime of stalking is a Class C felony."
  Section 13A-6-91. AGGRAVATED STALKING. 1992.
  "(a) A person who violates the provisions of Section 13A-6-90(a) [Stalking] and whose conduct in doing so also violates any court order or
  injunction is guilty of the crime of aggravated stalking.
  (b) The crime of aggravated stalking is a Class B felony."
  Section 13A-6-92. DEFINITIONS. 1992.
  "For purposes of this article [Article 5. Stalking and Aggravated Stalking] only:
  (a) COURSE OF CONDUCT. means a pattern of conduct composed of a series of acts over a period of time which evidences a continuity of
  purpose.
  (b) CREDITABLE [credible] THREAT. means a threat, expressed or implied, made with the intent and the apparent ability to carry out the threat
  so as to cause the person who is the target of the threat to fear for his or her safety or the safety of a family member and to cause a reasonable
  mental anxiety, anguish, or fear.
  (c) HARASSES. means engages in an intentional course of conduct directed at a specified person which alarms or annoys that person, or
  interferes with the freedom of movement of that person, and which serves no legitimate purpose. the course of conduct must be such as would
  cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress. Constitutionally
  protected conduct is not included within the definition of this term."
  Section 13A-6-93. RELATIONSHIP TO OTHER CRIMINAL LAWS. 1992.
  "This article [Article 5. Stalking and Aggravated Stalking] shall not be construed to repeal other criminal laws. Whenever conduct prescribed by
  any provision of this article is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be
  applied."
  Section 13A-6-94. CONSTRUCTION. 1992.
  "This article shall be construed and, if necessary, reconstrued to sustain its constitutionality."
  If what you've related is the case I think he's safe, there was no "credible threat" made. Be careful though, people tend to go a bit overboard with this one.
  kiki
• Tue, 01 May 2001 10:26:00 GMT(2)
• I don't think Alabama law is applicable here. If I'm not mistaken he was in Florida and hence Florida law should control.
• Tue, 01 May 2001 16:15:00 GMT(3)
• Stalking
  Florida
  Section 784.048. STALKING; DEFINITIONS; PENALTIES. 1997.
  (1) As used in this section, the term:
  (a) "Harass" means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and
  serves no legitimate purpose.
  (b) "Course of conduct" means a pattern a conduct composed of series of acts over a period of time, however short, evidencing a continuity of
  purpose. Constitutionally protected activity is not included within the meaning of "course of conduct." Such constitutionally protected activity
  includes picketing or other organized protests.
  (c) "Credible threat" means a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety.
  The threat must be against the life of, or a threat to cause bodily injury to, a person.
  (2) Any person who willfully, maliciously, and repeatedly follows or harasses another person commits the offense of stalking, a misdemeanor of
  the first degree, punishable as provided in s. 775.082 or s. 775.083.
  (3) Any person who willfully, maliciously, and repeatedly follows or harasses another person, and makes a credible threat with the intent to place
  that person in reasonable fear of death or bodily injury, commits the offense of aggravated stalking, a felony of the third degree, punishable as
  provided in s. 775.082, s. 775.083, or s. 775.084.
  (4) Any person who, after an injunction for protection against repeat violence pursuant to s. 784.046, or an injunction for protection against
  domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person that person's property,
  knowingly, willfully, maliciously, and repeatedly follows or harasses another person commits the offense of aggravated stalking, a felony of the
  third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  (5) Any person who willfully, maliciously, and repeatedly follows or harasses a minor under 16 years of age commits the offense of aggravated
  stalking, a felony of the third degree, punishable as provided in s. 775.082, so. 775.083, or s. 775.084.
  (6) 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.
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