NCJ Number
144477
Date Published
1993
Length
117 pages
Annotation
This is the final report of the project funded by the National Institute of Justice (NIJ) to develop an anti- stalking code for the states.
Abstract
Included are model code provisions and commentary on stalking issues; a profile of existing State statutes; an overview of police agencies' current management of stalking cases; and recommendations concerning bail and sentencing, code implementation, and further research. Since 1990, 48 states have enacted anti-stalking laws. The only two states still without stalking laws are Maine, which uses its terrorizing statute; and Arizona, which uses its harassment statute. Stalking statutes differ by state, but most require threatening behavior and criminal intent of the stalking defendant. Some recommendations are that states consider establishing a continuum of charges to counter the characteristic progressively serious stalker behavior: a felony status for stalking crimes; a sentencing scheme that permits incarceration for all stalking convictions; mandatory imprisonment for repeat and prior felon stalkers; restrictive conditions on stalkers released on probation or parole; stalker restitution to victims; and evaluation and counseling for stalkers. Tables, 12 case citations, 23 references, and a list of agencies that responded to a Police Executive Research Forum (PERF) survey