Criminal intent and harm element for stalking

Define the criminal intent element required for stalking, and compare various statutory approaches to stalking criminal intent.
Define the harm element required for stalking, and compare various statutory approaches to ascertaining harm.

Use proper APA formatting and citations, including ‘in-text’ citations.
Reference at least 2 outside credible resources.

ANSWER

Criminal Intent and Harm Element for Stalking

Stalking is the unwanted pursuit of another person. Examples of the behavior include following a person, following a person to their home, appearing at their place of work, harassing them through phone calls and texts, and leaving them notes or objects. Stalking laws are different depending on the State. However, the crime involves a clear pattern of conduct in which the offender harasses or jeopardizes the safety of another person and places them in constant fear (James & MacKenzie, 2018). Anybody can be charged with stalking despite their relationships with the person. This means that even if one is their lover, family or wife, or husband, if there is a clear pattern that one has been harassing the other and there is a clear pattern, and the victim reports the incidents, the offender is charged with stalking.

The stalking harm element also differs depending on the State. Generally, the harm element amounts to fear. The fear is usually the fear of bodily injury or the victim’s death. This means that the stalking has led to the victim fearing for their life. It has led to the destruction of the victim’s property or their family members. Some tests are employed in different states to ascertain the harm element. The State can also require subjective and objective fear. In subjective fear, the victim must experience fear, and objective fear means any normal victim would experience fear under the same experience or condition (Scott et al., 2020). Suppose Judy confesses their love for Elliot, and Elliot refuses to acknowledge it. In that case, Judy starts following Eliot, showing up in his house and hurling insults at him, Elliot could be scared, and thus, subjective fear is evident. In a State that requires subjective fear, Elliott can sue Judy for stalking. However, if Judy stalks Eliot but Elliott already expects it and is not scared, in a State that requires subjective fear, Elliott does not have grounds to sue Judy.

References

James, D. V., & MacKenzie, R. D. (2018). Stalking and harassment. The Routledge international handbook of human aggression: Current issues and perspectives, 170-182.

Scott, A. J., Rajakaruna, N., Handscomb, M. A., & Waterworth, G. A. (2020). Public familiarity and understanding of stalking/harassment legislation in Australia, the United Kingdom, and the United States. Psycho-Criminological Approaches to Stalking Behavior: An International Perspective, 137.