NCJ Number
145950
Journal
San Diego Justice Journal Volume: 1 Issue: 1 Dated: (Winter 1993) Pages: 123-162
Date Published
1993
Length
40 pages
Annotation
This study examines the effectiveness of State stalking laws in deterring stalking behavior and protecting potential stalking victims.
Abstract
At some point in their lives, approximately 5 percent of women in the general populace will become stalking victims. Most stalking cases involve females as the targets, with former spouses or lovers as the perpetrators. When women do attempt to protect themselves from this type of abuse, there are no guarantees the abuse will stop. Such violence has generally been handled by the judicial system as domestic disputes. Since California enacted the first stalking statute, 28 other States have adopted similar legislation. Stalking legislation is currently pending in Michigan, New Jersey, and Pennsylvania. States preparing legislation for introduction in 1993 include Texas and Indiana. States that regulate stalking by other laws include Maine (terrorizing), Minnesota (trespass, terroristic threats, and harassment), and Arizona (through misdemeanor classifications of harassment). This paper first identifies psychological features commonly associated with stalking and notes possible legal implications. Traditional remedies are then evaluated to determine their general effect on stalking. State statutes are summarized, followed by an analysis of potential constitutional issues that may arise through their interpretation. Recommendations contribute to the development of a constitutional, enforceable, and effective stalking statute. 242 footnotes and an appended chart that shows the features of each State stalking law