What is the law?

What is the law?

Stalking includes, but is not limited to, the intentional and repeated uninvited presence of the perpetrator at another person's home, workplace, school, or any place which would cause a reasonable person to suffer emotional distress.

This distress may be a result of verbal, written, or behaviorally implied threats of death, bodily injury, sexual assault, kidnapping, or any other statutory criminal act. These threats include those directed towards the victim, any member of his family, or any person with whom he is acquainted.

What are the penalties for Stalking?

A first conviction of stalking carries a fine of no less than $500 and no more than $1,000, imprisonment for no less than 30 days and no more than 1 year, or both. Psychiatric evaluation is required.

The sentence can be suspended if the offender is placed on probation and participates in a court-approved counseling including anger management, abusive behavior intervention group, or any other type of counseling the court deems appropriate.

There are many factors involved in the sentencing of a stalking offense. These factors change sentencing guidelines.
For example:
Whoever commits the crime of stalking against a victim under the age of 18 can be sentenced as follows:

  • imprisonment for no more than 3 years, with or without hard labor,
  • a fine of no more than $2,000, or
  • both.
Any person who commits the offense of stalking and places the victim in fear of death or bodily injury, or has a weapon during the commission of the offense can be sentenced as follows:
  • imprisonment for no less than 1 year and no more than 5 years, with or without hard labor,
  • a possible $1,000 fine, or
  • both.
Any person who commits the offense of stalking against a person for whose benefit a protective order or any lawful order prohibiting contact with the victim is in effect shall be sentenced as follows:
  • imprisonment, with or without hard labor, for no less than 90 days and no more than 2 years,
  • a fine of no more than $5,000, or
  • both.
The sentencing range also increases with subsequent convictions:
Upon a second conviction of stalking within a 7 year period, an offender may be sentenced to imprisonment of no less than 5 years and no more than 20 years, with or without hard labor, a fine of no more than $5,000.00, or both.
Upon a third or subsequent conviction of stalking, an offender may be sentenced to imprisonment of no less than 10 years and no more than 40 years, with or without hard labor, and a fine of no more than $5,000.00, or both.

Related Offense - Cyberstalking
The Digital Age has made it possible for stalking to occur in another forum - on the internet.
Louisiana's Criminal Code codifies Cyberstalking as any of the following:[2]
  • Use in electronic mail or electronic communication of any words or language threatening to inflict bodily harm to any person or to such person's child, sibling, spouse, or dependent; or, physical injury to the property of any person; or, for the purpose of extorting money or other things of value from any person.
  • Electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of threatening, terrifying, or harassing any person.
  • Electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person's family or household with the intent to threaten, terrify, or harass.
  • Knowingly permit an electronic communication device under the person's control to be used for the taking of an action in the previous provisions.

What are the penalties for Cyberstalking?
Upon a first conviction an offender may be sentenced to no more than 1 year in jail, a fine of up to $2,000.00, or both;
Upon a second conviction within a 7 year period, an offender may be sentenced to no less than 180 days and no more than 3 years, a fine of up to $5,000.00, or both; and,
Upon a third or subsequent conviction within a 7 year period, an offender may be sentenced to less than 2 years and no more than 5 years, a fine of up to $5,000.00, or both

We Will Defend You
A defense attorney has the skill set to help you navigate through the legal system and provide you with an opportunity to fight the charges against you. I
f you or a loved one has recently been charged with a stalking or cyberstalking offense in the Shreveport - Bossier area, Attorney Ebonee Norris and her team will work tirelessly to fight for you. You can take advantage of a thorough, confidential consultation when you call (318) 771-7000 today.

[1] La. R.S. 14:40.2.
[2] La. R.S. 14:40.3.