I have the privilege of representing some successful and famous people. My clients include New York Times bestselling authors, performers, and even an Oscar nominated filmmaker. Regardless of how well-known a person may be, we are all entitled to live life free from harassment. Unfortunately, people sometimes focus unwelcome attention on my clients, and it may be necessary to take legal action.
Stalking is the persistent and unwanted pursuit of an individual by another that causes a reasonable person to be in fear. It is an intentional and unpredictable course of conduct that can be annoying, intrusive, intimidating, threatening and harmful. Victims are followed or watched or harassed with relentless unwanted messages.
Stalking frequently involves an escalating series of incidents. The vast majority of stalkers are obsessed with their victims, intent on exerting power and control over their target, using a variety of tools including high-tech devices. Common behaviors of stalkers include, but are not limited to:
• Following or watching the victim,
• Trespassing or being present near the victim’s home or workplace,
• Stealing or vandalizing mail or property of the victim,
• Initiating unwanted contact or communications through deliveries, telephone calls, mail, pagers, e-mail, or any other medium to the victim and her/his family, neighbors or co- workers,
• Using digital or video cameras, GPS (global positioning systems) and other tracking devices,
• Monitoring the victim’s Internet history and computer usage.
One out of every 12 women will be stalked during her lifetime (contrasted with one out of 45 men). If you have a stalker who is in your jurisdiction, you should contact local law enforcement. However, because technology now allows people to stalk from other states, that behavior can become a federal crime.
Under U.S. federal law, someone commits the felony of stalking if that person:
• places another person in reasonable fear of death or serious bodily injury to him- or herself, his or her immediate family member, or spouse or intimate partner
• causes, attempts to cause, or could reasonably be expected to cause substantial emotional distress to the target of their conduct, or
• acts with the intent to kill, injure, harass, intimidate, or place the victim under surveillance in order to kill, injure, harass, or intimidate that person.
In order to violate the federal anti-stalking law, a person must either travel across state lines, into or out of tribal land, or engage in interstate commerce in the commission of the crime. Most people charged with the federal crime of stalking have engaged in interstate commerce by simply using a telephone, the Internet, or the U.S. postal service. The federal anti-stalking law expressly includes the use of an electronic communications system as a means of violating the federal anti-stalking law.
This is not a minor matter. A person convicted of stalking under federal law faces a possible prison sentence up to five years and fines up to $250,000, or both.
In my own work I’ve coordinated with a wide variety of security professionals such as venue security, local law enforcement, and even federal agents. While stalkers may be little more than an annoyance, given the proliferation of upset people and easy access to dangerous weapons, educate yourself on how to use a legal professional to keep yourself and those you love safe. If you think you are in immediate danger you should always dial 911. However, even if the circumstances don ‘t rise to the point of needing to make that call, there are laws in place designed to protect you from certain unwanted attention. An attorney can be extremely helpful in this.