This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.
Article 5 Stalking and Aggravated Stalking
Section 13A-6-90. STALKING. 1992.
"(a) A person who intentionally and repeatedly follows or harasses another person and who makes a credible threat, either express or implied, with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of the crime of stalking.
(b) The crime of stalking is a Class C felony."
Section 13A-6-91. AGGRAVATED STALKING. 1992.
"(a) A person who violates the provisions of Section 13A-6-90(a) [Stalking] and whose conduct in doing so also violates any court order or injunction is guilty of the crime of aggravated stalking.
(b) The crime of aggravated stalking is a Class B felony."
Section 13A-6-92. DEFINITIONS. 1992.
"For purposes of this article [Article 5. Stalking and Aggravated Stalking] only:
(a) COURSE OF CONDUCT. means a pattern of conduct composed of a series of acts over a period of time which evidences a continuity of purpose.
(b) CREDIBLE THREAT. A threat, expressed or implied, made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to fear for his or her safety or the safety of a family member and to cause reasonable mental anxiety, anguish, or fear.
(c) HARASSES. means engages in an intentional course of conduct directed at a specified person which alarms or annoys that person, or interferes with the freedom of movement of that person, and which serves no legitimate purpose. the course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress. Constitutionally protected conduct is not included within the definition of this term."
Section 13A-6-93. RELATIONSHIP TO OTHER CRIMINAL LAWS. 1992.
"This article [Article 5. Stalking and Aggravated Stalking] shall not be construed to repeal other criminal laws. Whenever conduct prescribed by any provision of this article is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied."
Section 13A-6-94. CONSTRUCTION. 1992.
"This article shall be construed and, if necessary, reconstrued to sustain its constitutionality."
§ 13A-11-8. Harassment -- Harassing communications. 1996. Amended 1997.
(a) (1) Harassment. -- A person commits the crime of harassment if, with intent to harass, annoy, or alarm another person, he or she either:
a. Strikes, shoves, kicks, or otherwise touches a person or subjects him or her to physical contact.
b. Directs abusive or obscene language or makes an obscene gesture towards another person.
(2) For purposes of this section, harassment shall include a threat, verbal or nonverbal, made with the intent to carry out the threat, that would cause a reasonable person who is the target of the threat to fear for his or her safety.
(3) Harassment is a Class C misdemeanor.
(b) (1) Harassing communications. -- A person commits the crime of harassing communications if, with intent to harass or alarm another person, he or she does any of the following:
a. Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written or electronic communication, in a manner likely to harass or cause alarm.
b. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication.
c. Telephones another person and addresses to or about such other person any lewd or obscene words or language.
Nothing in this section shall apply to legitimate business telephone communications.
(2) Harassing communications is a Class C misdemeanor.