Criminal Offense of "Stalking" in D.C.
| Court | D.C. Superior Court |
|---|---|
| Maximum penalty | Up to a year of imprisonment, a fine of up to $2,500, or both |
| Course of conduct | Two or more occasions, each 24-hour period treated as a separate occasion |
| Mental state | Objective standard: what a reasonable person in the defendant's position would have known |
| First-time offenders | Often offered a non-trial diversion program |
What is stalking under D.C. law?
D.C. law defines "stalking" as a course of conduct directed at a specific person that causes that person to experience substantial fear, alarm or emotional distress.
The criminal offense of stalking in D.C. has a narrow definition with two main requirements: there must be a course of conduct directed at a specific person, and the defendant must have intended, known or should have known that the conduct would cause the other person to experience substantial fear, alarm or emotional distress.
What counts as a course of conduct in a D.C. stalking case?
A "course of conduct" can include following, monitoring, placing under surveillance, threatening or interfering with someone, either directly or through a third party.
A course of conduct requires two or more occasions, with each 24-hour period treated as a separate occasion. In the case of an anti-stalking order petition, at least one of the instances must have occurred within 90 days of the petition.
The course of conduct must be directed at a specific individual, and the defendant must have possessed the requisite mental state on at least two of the alleged occasions. The statute does not cover constitutionally protected activities, such as speech covered under the First Amendment.
Does the government have to prove the defendant meant to cause fear?
How much fear, alarm or emotional distress does a stalking charge require?
The conduct must be such that the defendant intended, knew or should have known it would cause the other person to fear for his or her safety or the safety of another person; to experience serious alarm, disturbance or fright; or to suffer emotional distress.
The degree of emotional distress required is significant. The stalking statute is meant to prohibit seriously troubling conduct, not mere unpleasant or mildly worrying encounters. To trigger criminal liability, the level of fear, alarm or emotional distress must rise significantly above that which is commonly experienced in day-to-day living and must involve a severe intrusion on the victim's person, privacy and autonomy.
"Emotional distress" is defined as "significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling." "Fear for safety" means "fear of significant injury or a comparable harm."
What are the penalties for a stalking conviction in D.C.?
A conviction for stalking in Washington, D.C. can result in a fine of up to $2,500, imprisonment for up to a year, or both.
First-time offenders are often offered some type of non-trial diversion program. However, stalking is considered a serious offense for which a D.C. Superior Court judge may impose a period of incarceration depending on the specific circumstances.