Following the Crime of Stalking

Stalking is a serious crime that can affect anyone, not just celebrities or wealthy people. There are different types of stalkers, such as those who want to harm their victims and those who believe their victim is in love with them. It’s important to be aware of the different types of stalkers and the harm they can cause. Stalking is when someone repeatedly bothers or harasses another person, causing them emotional distress. It can include things like following, writing to, or calling the person. If someone does this on purpose to make the other person feel scared for their safety, it’s a crime called stalking. In Florida, there are two types of stalking – misdemeanor and aggravated. Misdemeanor stalking can result in up to one year in jail, while aggravated stalking can lead to up to five years in prison. Aggravated stalking involves making a credible threat to someone, causing them to fear for their safety. The law has been found to be constitutional by several courts, and a person cannot use a double jeopardy defense if they plead guilty to violating an injunction for protection by engaging in the same conduct that led to the aggravated stalking charge. Florida has a stalking law, but some people think it’s too vague and broad. It can be hard to prove in court because there might not be much evidence, and the victim’s word is usually the main thing to go on. Sometimes, in messy situations like divorces or custody battles, things that used to be normal can seem like stalking to one person. Police have to work hard to figure out what’s really happening. California was the first state to make a law against stalking, and they take it very seriously. In 1990, the Los Angeles police created a special unit to investigate and manage cases where someone is being threatened or harassed. They have different ways to deal with the person doing the stalking, like contacting them or getting a restraining order. Statistics show that putting someone in jail for a few days can make them realize the seriousness of their actions. California’s approach to dealing with stalkers has caught the attention of police departments all over the country. In Nashville, the police are using new methods to stop stalking before it gets worse. They track the stalker using things like videos, caller ID, and recording phone calls. They’re part of a program called PEACE, which helps stop domestic violence. A program called AWARE helps battered women in Tampa, Florida by installing a security system in their homes and providing them with an emergency pendant for protection. Law enforcement can assist stalking victims by advising them to keep a log of the stalker’s activities, informing them of legal options, and helping them enhance personal security. Stalking cases are complex, but victims are encouraged to report the stalker’s actions and keep a detailed journal. It’s important for law enforcement to receive training on how to handle stalking cases effectively. This is an article written by Joseph G. Jarret about stalking and how prosecutors can deal with it. The article was published in a magazine called National Prosecutor in January 1995. It was supported by Benjamin W. Hardin, Jr., who practices law with Mr. Jarret. Mr. Jarret has degrees from various universities and is experienced in civil and criminal litigation. The article was submitted on behalf of the Criminal Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/following-the-crime-of-stalking/