Stalking
On January 1, 1993, Michigan joined 28 other states by criminalizing stalking
behavior in an effort to protect victims of harassment and put an end to
stalking. When Governor John Engler signed Public Acts 251,260, 261, and 262 of
1992, he provided Michigan citizens with the strongest anti-stalking laws in the
nation. Due to the fact that much of the conduct of the typical non-assaultive
stalker is not illegal, the legislature took extreme caution to draft a
definition of stalking that will be easy to use and will not infringe on the
constitutional or other rights of citizens.
Stalking is defined as:
“...a ‘willful course of conduct’ involving repeated or continuing harassment of
another individual that would cause a reasonable person to feel terrorized,
frightened, intimidated, threatened, harassed, or molested, and that actually
causes the victim to feel terrorized, frightened, intimidated, threatened,
harassed, or molested.”
In this definition, “willful course of conduct” refers to a pattern of behavior
made up of a series of two or more separate non-continuous acts which share the
same purpose. The term harassed is defined as repeated or continuing unconsented
contact directed toward a victim resulting in emotional distress.
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How can I protect myself if I am being stalked? |
- Travel with friends.
- Try not to walk alone.
- Change your telephone number to an unlisted number, or get a new cell phone
number.
- Vary the times and routes you take to work or to frequently visited places.
- If it is safe to do so, notify your family and friends, and explain the
situation to your employer so that they may protect you at work.
- Keep a
log of contacts with the suspect/stalker.
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What will help me when I make a report to the Police? |
- Name and address of the stalker, if possible
- Documentation (personal journal or contact
log) of the stalker’s activities (i.e. general time frame, place, what was
said, letter received)
- Taped recording(s) of threatening or harassing
telephone calls
- Videotape of stalker’s actions
- Basic identifying information
(i.e. license plate number, make of car, personal appearance)
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What will happen to the stalker if he/she is convicted?
Under Michigan Law, stalking may be either a misdemeanor, or a felony depending
upon whether the stalking involved aggravating circumstances.
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Misdemeanor stalking is punishable by:
- Up to one year in jail, or
- Up to $1,000 in fines, or both
- Up to five years of probation. The order of probation may include an order to:
- Not stalk anyone
- Not have contact with the victim
Aggravated stalking is stalking with one or more of the following aggravating
circumstances:
- At least one of the stalker’s acts was in violation of a court order, such as a
personal protection order, order of probation, parole or bond
- The stalker has been convicted of stalking in the past
- The stalker’s conduct includes one or more threats to kill or physically harm
the victim – or a member of the victim’s household or family
- The victim is less than 18 at the time of the stalking and the stalker is at
least five years older than the victim
When an individual is convicted of aggravated stalking the punishment is:
- Up to five years imprisonment
- Up to $10,000 in fines, or both
- Five years probation, up to lifetime probation. The order of the probation may
include:
- Not stalk anyone
- Not have contact with the victim
- The stalker is not allowed contact with the victim’s family members or with
people in the victim’s household.
Our office will not disclose your information to the defendant or the defense attorney.
Contact Information
St. Clair County Prosecuting Attorney
201 McMorran Blvd., Suite 3300
Port Huron, MI 48060
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Photos courtesy of the Port Huron Times Herald and St. Clair County Sheriff's Department
