Recent Discoveries

I regularly search the internet for instances where stalkers, particularly cyberstalkers, are handled in a way that supports victims, rather than the stalking predator.

Here are two recent discoveries that were interesting:

• In January 2012, a Kentucky man was arrested on felony stalking and felony to commit stalking charges, among others, after he tracked his ex-girlfriend and her son to a Colorado women's shelter online. Note that both the stalker AND an accomplice who assisted him were arrested. Many stalkers hire thugs to help them stalk.

• In September 2011, a Florida library worker was arrested and charged with cyberstalking, principally via Facebook.
• In February 2011, a Louisiana woman was arrested on 13 counts of cyber-staking and the sheriff's office involved issued a statement: "The internet is no longer a safe haven for persons who commit crimes and wish to remain anonymous. Law enforcement now has the ability to track offenders who use the internet, and prosecution will be sought against those who violate the rights of others through the use of the internet." The investigation was prompted by a harassment complaint filed against the woman with local police.
  

• Penalty Statute documents  - some cyberstalkers think that the 'maximum' they will get is a misdemeanor charge, but this statute clearly shows that they are really looking at 10-25 years in a federal pennitentiary -- even if no physical harm is done to the person they are stalking  and they are subject to fine penalties!  In one case that I know of, a 29-year old stalker was 'let off' because they claimed to be mentally incompetent (supported by parent testimony), now understood their error, and would never bother the target again if they could just be released and allowed to go home accompanied by parents who promised they would seek treatment for their child and monitor progress.  Of course, they all lied.  Whatever the mental state of the stalker truly was, they never sought treatment and were documented as stalking for years later.  These new statutes seem to indicate that the victim of that stalker could now DEMAND restitution, from the stalker, its parents, the judge that let them off, and anyone who participated in allowing and supporting (possibly even internet providers to whom complaints were sent) for the years of harassment and torment they caused.  I wonder how much of a stalker's trust fund or family's fortune one could claim under such circumstances? 

• U.S.C.§ 2261B  and U.S.C.§ 2261A  - federal stalking laws

• Also, the new statutes indicate that the threat to use a gun, brandishing a gun or actually firing it can extend the penalties/sentencing 5-15 years!!

Links:
Guide for Survivors of Stalking
Internet Crime Complaint Center
Stalkers and their victims -and Stalking- The Veiled Epidemic from Psychiatric Times
Cyberstalking

UPDATE to FELONY Stalking Law in Colorado -- 
C.R.S. 18-3-602

(1)  A person commits stalking if directly, or indirectly through another person, the person knowingly:

(a)  Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship; or
(b)  Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or
(c)  Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.

Why might someone think you are a stalker?

Have you:

• Sent them unsolicited email on an ongoing basis?
• Received a "Cease and Desist" letter?
• Had a restraining order filed against you?
• Had an arrest warrant filed against you?
• Have you been arrested in trying to visit with them?
• Have you promised the courts that you will leave that person alone?
• Emailed someone after they requested that you stop emailing them?
• Continued to email them even though they never respond to your emails?
• Tried to force someone into giving you their contact information, addresses, emails, and phone numbers by threatening them or others?
• Made threats against someone who does not respond to you and/or does not do what you want them to do?
• Have you gone to 'visit' someone or tried to go to someone's home or business without their consent or invitation?
• Have you threatened to harm someone or yourself if they do not respond to you?
• Have you threatened them, their families, their associates, and/or their neighbors if they do not 'help' you?
• Have you posted blogs claiming to know or work with someone without their knowledge and consent?
• Have you created email addresses or blogs in the name of someone else?
• Have you published personal information about a person on the internet?
• Have you claimed to produce the work of another as if it were your own?
• Have you tried to find or steal information that is not public and not for sale for your own gain?
• Have you tried to publish or gain access to another person or their work by claiming to represent them or their products publicly?

If you have done these things to someone, then they have every reason to think you are a STALKER.  They would be advised to keep a record of all your communications, and file charges against you at every opportunity.

What is a Sociopath?

Psychopaths and Sociopaths are sometimes referred to as having "Antisocial Personality Disorder".  Such people have little regard for the feeling and welfare of others, although they may claim that they do.

This disorder is chronic, beginning in adolescence and continues into adulthood. The Diagnostic Criteria(DSM-IV) describes a pattern beginning at around age 15 showing a disregard for and violation of the right's of others (since the age of 15), those right's considered normal by the local culture, as indicated by at least three of the following:
    A. Repeated acts that could lead to arrest.
    B. Conning for pleasure or profit, repeated lying, or the use of aliases.
    C. Failure to plan ahead or being impulsive.
    D. Repeated assaults on others.
    E. Reckless when it comes to their or others safety.
    F. Poor work behavior or failure to honor financial obligations.
    G. Rationalizing the pain they inflict on others.

If you suspect someone is a sociopath, look for these major symptoms:

• not learning from experience
• no sense of responsibility
• inability to form meaningful relationships
• inability to control impulses
• lack of moral sense
• chronically antisocial behavior
• no change in behavior after punishment
• emotional immaturity
• lack of guilt
• self-centeredness
  
  
  
  

  Links about Sociopaths:
  A comprehensive profile 
  Frequently asked questions about Sociopaths
  Wikipedia's article

  
  
  
  
  
  
  
  
  
  
  
  **I am not a psychologist and have no special expertise in the subject. I am blogging about this, 'stalking', and other related topics as a public service. I urge you to consult either a clinical psychologist or the police depending on the problem you face, and wish you good luck.

 Stalkers do NOT get away with it!


It may sometimes seem to victims that Stalkers get away with their crimes by working the system (or because they are mentally ill).  Even stalkers tend to think they are invincible and can not be caught.

Keep in mind, however, that once the police have been called and records are kept about their many harassing and stalking behaviors, and/or arrest warrants are filed, they DO get caught.

Below are a few examples of alleged stalkers who were shot resisting arrest, arrested and/or jailed, committed for psychiatric evaluation and/or locked up indefinitely for their behavior.

Shot

• Alleged Stalker, Richard Williams, shot by police while resisting arrest in Tampa Bay, FL on June 2011.

Arrested and/or jailed

• Alleged stalker, Jason Koehler of Norfolk VA was arrested on suspicion of stalking, obstructing a police officer and resisting arrest on November 2011. 
• Alleged stalker, Joseph Mathews, of  East Patchogue, NY was charged on March 2011 with stalking, aggravated harassment and resisting arrest. 
• Alleged stalker, Patricia Immendorf of Dunedin, NY was arrested August 2011 on stalking charges, including harassment of radio DJs whose station wound up calling law enforcement officials.
• Alledged stalker Toni Jo Silvey, arrested in October 2011 on felony stalking charges after Houston police broke the door to get to her and to stop what they believe had become a dangerous obsession. Investigators produced evidence of over 712 emails, blog postings, and the destruction of private property.

Psychiatric Evaluation and/or committment

• Alleged stalker, Dorothy Jones Scalise, was arrested for stalking in Coral Springs, Fla. in February 2011. A Bond court Judge ordered a psychological evaluation.
• Alleged stalker, Edward Vines, was locked up indefinitely in 2008 in a secure hospital for an 'untreatable' obsession a woman he has stalked for almost 20 years.  He admitted breaking an earlier restraining order which banned him from contacting the woman after he completed a prison sentence for stalking her.
   

Consequences

Stalkers seem to fall into two categories:

• those who are genuinely "ill", perhaps mentally challenged, or possibly even socio or psychopathic - those who do not know they are doing wrong
• those who 'play' at being ill, with full awareness that what they do is wrong and full awareness that, if they are caught, they will pretend to be unaware of what they are doing or that it was wrong.   Many criminal stalkers who are FAKING illness will repeat the same series of questions or demands, over and over even after being told they are delusional.

Stalkers do not appear to link their behavior to consequences, they seem to believe that they will be or are magically protected against being caught and forced to face consequences that other people might be required to face.

Stalkers seem to completely ignore (or do not care or do not know) some simple truths:

• Individuals who trespass on someone's private property and continue to engage in illegal activities, get arrested because the police ARE called, charges ARE filed, and arrests ARE made.

• Individuals who pose a threat to themselves or others,
  or who seem unable to distinguish between
  what is REAL and what is fantasy, sometimes require
  serious medication and/or  psychiatric treatment.

 Stalkers also seem not to know 

that WHEN stalkers are caught --  

they are institutionalized in jails or 

psychiatric facilities or they commit suicide 

by their own hands or by cops 

while resisting arrest or committing crimes.

 

In the cartoon world, 

such things are funny. 

In the real world, its incredibly sad. 

State Cyberstalking, Cyberharassment and Cyberbullying Laws

Cyberstalking.  Cyberstalking has been defined as the use of the Internet, email or other electronic communications to stalk.  It more generally refers to a pattern of threatening, harrassing and/or malicious behaviors.  It is considered a more dangerous form of internet harassment, because it often poses credible threat of harm and may involve a range of charges from  misdemeanors to felonies.

Cyberharassment. Cyberharassment generally does not involve a credible threat, but pertains to threatening or harassing email messages, instant messages, blog entries or websites that appear to generated to torment, provoke, and/or irritate an individual. Some states include cyberstalking, cyberharrassment, and cyberbullying into general stalking and harassment laws, while others have established laws specifically pertaining to activities taking place on the internet.

Cyberbullying. Cyberbullying and cyberharassment have been used interchangeably, but the term "cyberbullying" is most often used to indicate electronic harassment or bullying among minors within a school context.  The sanctions for cyberbullying range from school/parent interventions to misdemeanors and felonies with detention, suspension, and expulsion in between. Some of these laws promote Internet safety education or curricula that covers cyberbullying.


Some Individual State Laws pertaining to stalking, harrassment and bullying via the internet:

• Colorado - Colo. Rev. Stat. §§ 18-3-602, Stalking-penaltie-definitions;  
• Colo. Rev. Stat. § 18-9-111, Colo. Rev. Stat. § 24-30-2103. Definitions.
• Colo. Rev. Stat. § 13-14-101. Definitions. Harassment., Colo. Rev. Stat.18-6-803.5. Crime of violation of a protection order - penalty - harassment-stalking 

The Colorado state legislature treats stalking as a very serious offense and the stalking laws and penalties reflect that. If you are facing a stalking charge you could face serious prison time and very large fines.  You may be charged with stalking if you are accused of any of the following:

• Make a threat to someone and also repeatedly follow, approach, contact, or watch that person, someone in their family, or someone they have a relationship with,
• Make a threat to someone and repeatedly try to communicate with that person, a member of their family or someone they have a relationship with, whether or not a conversation ensues.
• Repeatedly follow, approach, contact, watch, or attempt communication with someone, a member of their family, or someone they have a relationship with in a manner that would cause a reasonable person to suffer serious emotional distress and does cause someone to duffer serious emotional distress.

First offense: Class 5 felony charge, potential  sentence of 1 to 3 years in prison and fines from $1,000 to $100,000.  Second or subsequent offense,  or it is committed in violation of a protection order:  Class 4 felony, potential sentence of 2 to 6 years in prison and fines of $2,000 to $500,000. Ref: CRS 18-9-111

• Georgia -Georgia Code § 16-5-90 , Georgia Code § 20-2-751.4
  
  Following, surveillance, or contact with another to harass and intimidate. Aggravated stalking: stalking in violation of court order, bond, injunction or probation.
  

  First offense: Misdemeanor. Aggravated stalking: felony; imprisonment minimum 1 year and maximum 10 years and fine maximum $10,000. Second Offense:For 2nd and subsequent convictions: felony; imprisonment minimum 1 year and maximum 10 years.  Restraining order issued upon filing of petition setting forth probable cause.

• Texas -Tx. Penal Code § 33.07
  
  If on more than one occasion and pursuant to scheme or course of conduct directed at specific person, knowingly engages in conduct that: (1) stalker knows/reasonably believes victim will view as threatening, (2) causes fear, and (3) would cause a reasonable person to fear.
  

  First offense: 3rd degree Felony, potential sentence 2-10 years in prison and fine maximum of $10,000; Second offense: 2nd degree Felony,  potential sentence 2-20 years in prison and fine maximum of $10,000.