The modern movement toward “stalking laws” is another attempt to use statutes to prohibit threatening conduct that may not amount to an assault. Stalking laws and statutes prohibiting threats are thought to be necessary because an Arrest for Battery requires some physical act beyond mere communication of the defendant’s hostility toward the victim. Stalking laws vary in their elements, but most prohibit following, harassing, threatening, lying in wait, or conducting surveillance of another person. Find out more information about representation in Broward County at Criminal Lawyers in Broward.
The most difficult aspect of defining stalking is the mental state required for the crime. For example, in the case of a celebrity, how does the law distinguish a stalker from a devoted fan? The first stalking statutes required a specific intent to cause emotional distress or to invoke fear. Such statutes proved ineffective because many stalkers suffer from emotional or mental illness and may lack a specific intent to cause fear or harm. Later statutes have sought to punish whenever the stalker knew or should have known that the victim would suffer distress or fear. If you need advice for a Stalking Arrest visit our Palm Beach Criminal Attorneys.
If someone has filed a Stalking or Restraining Order against you in Broward County contact WR Moore Criminal Defense.