“Stalking” is defined generally as the following of another person by stealth. Alternatively, it can be the following or loitering near the other person, often surreptitiously, with the purpose of annoying or harassing him or her.
This past July, former Washington, D.C. mayor Marion Barry was arrested for allegedly stalking an acquaintance. A woman flagged down a police officer and told them Barry was in a car following her. While the U.S. Attorney’s office dropped the charges against Barry a few days later, Barry’s arrest brought attention to the criminal offense of stalking as it is defined in Washington, D.C.
There are two elements to the offense of stalking in D.C. The first element the prosecution must prove is that the person had the criminal intent (or mens rea) either to cause the other peron emotional distress or to put the other person in reasonable fear of death or bodily injury.
Secondly, the prosecution must prove that the offender acted willfully, maliciously and repeatedly in following or harassing the other person. “Repeatedly” means more than once. “Harassing” is the “engaging in a course of conduct either in person, by telephone, or in writing, directed at a specific person, which seriously alarms, annoys, frightens, or torments the person” or which causes a “reasonable person to be seriously alarmed, annoyed, frightened, or tormented.”
The penalty for stalking in D.C. is a maximum fine of $500 and/or up to a year imprisonment. There are increased penalties for second or subsequent offenses during a two-year period or for violations of the statute when some type of protective order is in effect. D.C. Code 22-404.
I will deal with “cyberstalking” in a future entry.