What Is the Difference Between Stalking and Harassment?

Stalking and criminal harassment are related offenses. The differences can depend on the conduct and state laws. Generally, stalking involves repeated contact or conduct that causes a reasonable fear of harm. Criminal harassment can be conduct that causes annoyance, abuse, alarm, or distress.

Harassment and stalking can be misdemeanor or felony criminal offenses. Penalties can include jail time, fines, and restraining orders. To understand more about the differences between stalking and harassment laws in your state, talk to a criminal harassment defense lawyer.

Understanding Harassment and Stalking

The differences between stalking and harassment can depend on the state. In some states, stalking is a type of harassment. There can be different degrees of criminal harassment, which includes stalking. Other states have different terms for harassment, including making criminal threats.

In general, both harassment and stalking involve alleged unwanted contact or communication between you and another person. For stalking, the harassing conduct puts someone in reasonable fear of harm or causes severe emotional distress.

Harassment can include less serious conduct, including annoying, distressing, or abusive behavior. To understand the exact differences, you should talk to a criminal defense attorney about the laws in your state.

What Is Criminal Harassment?

Criminal harassment can fall under the following examples:

• Following someone around in a public place
• Repeatedly calling or communicating with someone anonymously
• Communicating obscene, lewd, or threatening words or images

For example, in Pennsylvania, if you make multiple phone calls to someone in the middle of the night and hang up, it could be harassment under criminal law.

What Is Stalking?

Stalking generally involves repeated contact or making threats to put a reasonable person in fear of harm. Patterns of behavior that can be stalking include:

• Following someone to their home or loitering in front of their workplace
• Threatening family members or pets
• Putting a tracking device on their car
• Repeatedly sending unwanted gifts

Online Harassment and Cyberstalking

Harassment and stalking are increasingly common online. Online victims of stalking may have their identity stolen, have spyware installed on their computers, or receive anonymous threatening messages. Online harassment and cyberstalking involve harassment or stalking behavior through electronic communication, including:

• Mobile phones
• E-mail
• Social media
• Text message
• Computer

What Are the Penalties for Stalking and Harassment?

Stalking and harassment are usually misdemeanor offenses but can escalate to a felony crime. As a misdemeanor, the penalties for harassment can include up to a year in prison. When charged as a felony, the penalties for harassment or stalking cases can include fines and more than a year in prison.

For example, under federal law, cyberstalking is punishable by up to five years in prison and a fine of $250,000.

A second harassment or stalking conviction can have increased penalties. The penalties may also be more significant if the defendant causes bodily injury or death.

In addition to prison time, the alleged victim of harassment can get a restraining order against you. A protective order can prohibit contact between the alleged harasser and the victim. A no-contact usually limits any contact, including online contact, between the accused and the alleged victim or victim’s family, including staying away from their home and workplace. There are criminal penalties for violating a protection order.

How Can I Defend Against Stalking and Harassment Charges?

In some alleged harassment claims, the only available evidence is the claims of the alleged victim. Your attorney can challenge the evidence against you to show the victim is unreliable or motivated to make false claims. Other defenses could include:

• Someone else sent the harassing messages
• The alleged victim manipulated the evidence
• Law enforcement conducted an unlawful search to gather evidence

Talk to your criminal defense attorney about the best legal defense strategies for your harassment case.

When Should I Contact a Criminal Defense Lawyer?

Many people accused of harassment or stalking try to reason with the alleged victim. The alleged victim may have misunderstood the contact. The suspected stalker needed time to get over a relationship and would no longer contact the other person. Contacting the alleged victim can be a bad idea.

Even if you want to talk to the person to try and explain yourself, it can cause additional problems. If the other person has a restraining order, you can be arrested for contacting them. Violating a protection order comes with additional criminal charges.

If someone is making claims that you are stalking or harassing them, talk to an attorney right away. A lawyer can explain your rights and help you avoid further legal issues. If you face criminal charges, your attorney can defend you in court. Your lawyer can also negotiate a plea agreement to make sure you don’t face the most severe criminal penalties.