Introduction
Stalking is a criminal act centered on watching or following another individual’s everyday life. The purpose of such actions is unimportant, as the act of following another person for one’s personal goals is considered criminal. However, it is necessary to discuss other elements of stalking’s classification in criminology. In particular, the focus will be made on intent, as it pertains to the desire of an individual to commit a crime. This work will discuss two aspects that comprise a stalking charge – the intent element and the harm element. Their presence and severity can vary significantly from state to state, resulting in different criteria to constitute stalking. However, there are specific ways to determine the presence of either element, and measure it. By discussing these elements, it will be possible to contextualize stalking as a criminal activity within the US.
Criminal Intent
Generally, stalking requires either specific or purposeful intent, both of which establish that the act was committed intentionally. While stalking is often a type of criminal activity on its own, some states consider stalking to have occurred only after the stalker inflicted harm on their target (Criminal Law by University of Minnesota, 2015). The notion of harming another person adds other types of intent into consideration. In particular, general intent, negligent intent and knowingly reckless intent all contribute to the stalking charge (Criminal Law by University of Minnesota, 2015). In some states, the stalker must conduct themselves in a way that induces fear in another individual, constituting willful and malicious intent (Criminal Law by University of Minnesota, 2015). This can mean threatening messages or indirect threats. In cases where no intent needs to be established, the feelings of the victim on the matter are not taken into account.
The Harm Element
In discussing stalking’s ability to utilize threats, it is important to mention the harm element of stalking. Not all states require the presence of harm to constitute stalking (Criminal Law by University of Minnesota, 2015). Typically, feelings of fear experienced by the victim are the harm inflicted by the criminal. This may include fear of physical injury, fear of death, fear of harm coming to one’s family members, or fear of property damage (Criminal Law by University of Minnesota, 2015). Fear, in this case, can be measured and compared to standards set in place by the state. Additionally, there are specific criteria that define harm as objective or subjective. Some states attempt to establish the presence of fear, either objectively existing within the victim or having the potential to exist (“California Stalking Laws,” 2022). A difference comes from how the victim feels and their emotional response (Criminal Law by University of Minnesota, 2015). If the actions of the stalker have constituted fear in a specific victim, fear is called subjective. However, if it can be reasonably assumed that a person experiencing stalking of a particular kind would experience fear, the measure is called objective fear. In this context, the fear element becomes a central determining factor of whether stalking charges can be pressed, and whether an individual will be found guilty of stalking.
Conclusion
In closing, it can be said that the laws surrounding stalking are varied and not always effective in combatting the potential threat of the crime itself. Variants in constituting stalking, as well as the need to prove harm to an individual have the capacity to let dangerous individuals get away with their actions more easily. It may be necessary to bring changes into how stalking is understood, categorized, and prevented. In order to protect victims, law enforcement and the court must access the potential dangers of stalkers and stalker-like behaviors.
References
Criminal Law by University of Minnesota. (2015). 10.3 domestic violence and stalking – Criminal law. University of Minnesota Libraries. Web.
California Stalking Laws. (2022). Shouse Law Group. Web.