In most states, stalking is generally defined as a course of conduct directed at a specific person that would cause a reasonable person fear. (Stalking Resource Center). This definition suggests that stalking is a pattern of behaviors rather than a single incident. In addition to federal stalking statutes, all states and U.S. territories have laws to address stalking (Stalking Resource Center). See the laws section of this website for related WV and federal laws.
Under the definition above, there are many behaviors that stalkers can use to intimidate their targets and cause them to suffer fear and distress, including but not limited to harassment. The West Virginia law pertaining to stalking and harassment behaviors: (WVC §61-2-9a) Harassment; penalties; definitions.
To be charged, someone must engage in, or cause a third person to act in, “a course of conduct directed at another person with the intent to cause the other person to fear for his or her personal safety, the safety of others, or suffer substantial emotional distress;” or someone “harasses or repeatedly makes credible threats against another” person.
“Course of conduct” means a pattern of conduct composed of two or more acts in which a defendant directly, indirectly, or through a third party by any action, method, device, or means:
- a. Follows, monitors, observes, surveils, or threatens a specific person or persons;
- b. Engages in other nonconsensual contact and/or communications, including contact through electronic communication, with a specific person or persons; or
- c. Interferes with or damages a person’s property or pet.
Federal legislation adds protections for victims in applicable circumstances. 18 U.S.C. §2261A and 18 §USC 2261 make it a crime to cross a state line in order to stalk another person, a spouse, or partner. Several other statutes cover other types of violations that may be connected with stalking victimization, such as interstate violation of a protection order (18 USC §2262), interstate communication making threats to kidnap or injure a person (18 USC §875(c)), and use of telecommunications devices to abuse, harass or threaten a specific person in Washington DC or in interstate or foreign situations (47 USC §223(a))
For more details on these laws, go to the website section under laws, WV stalking laws, and federal stalking laws.