Stalking
A serious criminal charge in Virginia.
Intentionally engaging in conduct that places another person in fear of death, criminal sexual activity, or bodily injury.
To convict of Stalking.
Prosecutor must prove that the offender:
engaged in conduct,
at least twice,
directed against another person,
with the intent
to place that person or member of his family in fear of death, criminal sexual activity or bodily injury:
Engaged in conduct: Examples of this include following another person, waiting at a person’s home or work, making phone calls (generally considered threatening or obscene), or unwanted contact online (this would include social media).
At least twice: To convict an offender of stalking, the offender must have intentionally engaged in conduct with the intent to place the victim in fear of death, sexual assault or bodily harm (on 2 separate occasion).
Intent to place in fear: The intent required to convict an offender is the intent to place the Victim in fear or knowledge the conduct will cause fear. The offender can also be convicted if he should have known his conduct will cause fear.
FEAR: refers to reasonable fear of death, criminal sexual activity or bodily injury. The fear does not need to be caused or the same each time.
Person: The conduct intended to cause that fear must be directed at another person. This person could be a family member or household member. (This is defined under §16.1-228).
Penalty
First Offense (Class one misdemeanor)
Up to 12 months in jail
A fine of up to $2,500
And an order prohibiting contact between the offender and the victim or his or her spouse or his or her child.
A violation of this no contact provision would be separate contempt charge. (Va. Code §18.2-60.3 (D))
Felony Stalking: Second Offense
If you have a prior conviction of the Stalking offense within the last five years. (VA Code §18.2-60.3(B)).
You can be convicted of a Class 6 Felony
This would include not less than 1 year nor more than 5 years OR in the discretion of the jury or court confinement of not more than 12 months A fine of up to $2,500