This report examines and recommends updates to the 1993 Model Anti-Stalking Code for the States.
The report notes that revisiting the 1993 Model Anti-Stalking Code is necessary because a more accurate assessment of the problem has resulted from a proliferation of research on stalking that was not available in 1993. Moreover, stalkers are using technology at greater rates to antagonize their victims, and this type of stalking behavior must be addressed in any amendment of anti-stalking legislation. Changes to the 1993 Model Stalking Code for the States are offered in terms of legislative intent, offense, definitions, defenses, classification, and jurisdiction. It is proposed that the crime of stalking be defined as: “Any person who purposefully engages in a course of conduct directed at a specific person and knows or should know that the course of conduct would cause a reasonable person to (a) fear for his or her safety or the safety of a third person; or (b) suffer other emotional distress, is guilty of stalking.” The rationale for the language offered by the report is presented and alternative options are offered since States have different statutory limitations and political climates. The guidance offered in the report is specifically targeted at legislators, criminal justice and victim assistance professionals, and others interested in amending current laws. The report presents the range of options available to stalking victims and examines the impact that legislative language and structure can have on law enforcement. In revisiting the anti-stalking law, the National Center for Victims of Crime reviewed each State’s stalking law, particularly in terms of its: (1) prohibited acts; (2) level of intent; (3) type of fear required; (4) degree of fear; (5) target of stalker’s actions; (6) threat requirements; (7) coverage of technology and surveillance; and (8) other miscellaneous or innovative provisions. Footnotes, appendixes, notes