Discuss the crime of stalking and stalking laws. Be sure to include how stalking first became a crime, the actus reus of stalking and how stalking statutes vary

Question

What will be an ideal response?

Answer 1

Stalking involves intentionally scaring another person by following, tormenting, or harassing him or her. Statutes making stalking a crime began in California, after actress Rebecca Schaeffer was murdered at her Los Angeles apartment by an obsessed fan who stalked her for 2 years. Despite great diversity from state to state, the stalking statutes all share some common requirements when it comes to the criminal act of stalking. As to the kind of conduct that has to be repeated, all states require some variation of the model code's "maintaining a visual or physical proximity.". These acts include following, pursuing, spying, and/or harassing. About half the states require some kind of threat, including the model code's "verbal or written threats or threats implied by conduct," "threat," "terroristic threat," or "credible threat" (LaFave 2003a, 832). All statutes require a specific intent to commit acts included in the actus reus. Slightly more than half the states require some level of subjective fault. About one-third of the states require only objective fault—namely, negligence. The bad result in stalking is placing stalkers' victims in fear. States take four different approaches to the fear caused. Most states adopt a subjective and objective fear test.