Policy and Legislation on Stalking

Much work is needed to expand policymakers' understanding of what constitutes stalking and to provide needed training to practitioners.

• A review of antistalking and related legislation in 50 States found widespread misperceptions about stalking. Furthermore, many criminal justice personnel do not understand their States' antistalking laws, and many of the public are unaware that stalking is a crime.
• The likely number of stalking cases is more than 2 million felony and 4 million misdemeanor cases annually—far greater than previously estimated.
• Although every State recognizes that stalking is a crime distinct from other offenses, many State laws lack adequate penalties. In 13 States, for example, an initial stalking offense is always a misdemeanor—only repeat occurrences are deemed felony offenses. Shortcomings include the lack of warrantless arrest for misdemeanor stalking in most States, and the absence of required training for law enforcement officers and prosecutors and their staffs. In fact, several prosecutors interviewed in the study commented that while the burden of proof in stalking cases was considerable, the punishment available was weak. Instead, prosecutors' preferred to charge constituent elements of stalking, including violation of protective orders, which far exceeded the sentencing available under stalking laws.
• Antistalking laws have been the focus of considerable litigation, primarily challenges to their constitutionality (e.g., when the law lacks an intent to create fear requirement) or questions of interpretation about the scope of the laws.
• Current antistalking programs demonstrate the usefulness of developing staff expertise with stalking cases and provide models for other jurisdictions. [1]