UNDERSTANDING MICHIGAN'S 
ANTI-STALKING LAW

STALKING IS A SERIOUS CRIME
Almost everyone has read and heard about tragic cases involving high-profile celebrities and other innocent people who were followed and harassed by obsessed fans, former spouses or acquaintances with unhealthy obsessions.

Assailants often embark on long-term, calculated campaigns of harassment that threaten the safety of their targets, their families, and property. Despite widespread media coverage that celebrities are given when victimized by obsessed fans, most stalking victims have no one to protect them from the unwanted attention of dangerous stalkers.

On January 1, 1993, Michigan joined 28 other states by criminalizing stalking behavior in an effort to protect victims of harassment and put an end to stalking. When Public Acts 251, 260, 261, and 262 of 1992 became law, Michigan citizens were provided with the strongest anti-stalking laws in the nation.

Today, victims may sue stalkers for civil damages or obtain an anti-stalking injunction that carries criminal penalties for violators. The new laws also give police the authority to arrest individuals without warrants who willfully, maliciously and repeatedly follow or harass another person and threaten bodily inquiry.

STALKING IS WIDESPREAD
Stalking of an individual is not infrequent or unusual. It occurs in communities all over the country. Stalking often follows a broken romantic relationship. The typical victim is a woman terrorized by a vengeful ex-husband or ex-boyfriend. The victim can also be a man pursued by a woman with a "fatal attraction." Other widespread instances show that victims are being stalked by complete strangers.

Unfortunately, stalking often ends in violence. According to the United States Department of Justice, one in five women reporting assault incidents say the violence followed at least three similar acts.

MICHIGAN'S DEFINITION OF STALKING
Since much of the conduct of the typical, non-assaultive stalker is not illegal, the Legislature took extreme care to draft a definition that is easy to use and does not infringe on the constitutional or other rights of citizens. Michigan's Penal Code defines "stalking" as:

" ... a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested."

STALKING TAKES MANY FORMS
According to the anti-stalking laws, a person can be charged with stalking for willfully and repeatedly contacting another individual, without 9 permission , causing that person to feel terrorized, frightened, intimidated, threatened, harassed, or molested. Under these laws, assailants could be charged with stalking for repeatedly:

Following the victim;

Appearing within the victim's sight;

Approaching or confronting the victim in a public or private place;
Appearing at the workplace or residence of the victim;
Entering or remaining on the victim's property;
Leaving an object of any kind on the victim's property;
Contacting the victim by telephone;
Sending the victim mail or electronic mail.

MICHIGAN LAWS THAT PROTECT STALKING VICTIMS
While personal protection orders provided some protection to victims of unwanted attention in the past, the court orders often were not effective in deterring stalking activity. By criminalizing stalking, victims can reclaim their private lives and thousands of individuals are protected from the unwanted attentions of a stalker.

STALKING AS A MISDEMEANOR
MCL 750.411h

Stalkers convicted for the first time face up to one year in jail and/or up to a $1,000 fine. Offenders also can receive up to five years' probation, during which time they cannot stalk anyone, have any contact with the victim, and may be evaluated to determine the need for psychological or social counseling (at the stalker 9s expense).

Stalking behavior in violation of a restraining order, injunction, or preliminary injunction may be charged with aggravated stalking under certain conditions. Aggravated stalking is a felony crime.

AGGRAVATED STALKING IS A FELONY
MCL 750.411 i

Stalking is a felony crime when the assailant threatens to kill or physically harm a victim-or a member of the victim's family-that causes the victim to fear for their safety or the safety of another. It is also a felony if the stalking activity is in violation of the conditions of a pretrial release, probation, or bond for stalking. Additionally, violating a personal protection order or being convicted on a repeat offense will result in felony charges. Punishment for aggravated stalking is up to five years imprisonment, and/or up to $10,000 in fines.

Persons convicted of violating this section also can receive probation tenns from five years to life.

PERSONAL PROTECTION ORDERS
MCL 600.2950a

The personal protection order will not only help maintain your safety, but also allows police to enforce anti-stalking laws. In addition, the penalties intensify if the stalker violates a restraining order. The procedures for obtaining and enforcing stalking personal protection orders are the same as the procedures for obtaining and enforcing domestic violence personal protection orders.

CIVIL ACTION
MCL 600.2954

Victims may wish to consult an attorney regarding their right to bring a civil lawsuit against a stalker. The law allows you to sue the individual for any damage they have done-physical or emotional-and may entitle you to exemplary damages and legal fees as well.

PRECAUTIONARY MEASURES FOR STALKING VICTIMS

Travel with friends.

Do not walk alone.
Change your telephone number to an unlisted number.
Vary your schedule and the routes you take to work or to other frequently visited places.
Notify your family and friends.
Explain the situation to your employer so they can protect you at work.

WHAT TO DO IF YOU ARE BEING STALKED
Do not blame yourself! You neither asked to be stalked nor do you deserve to be. You are the victim, not the criminal. Stalking is a form of terrorism that serves no purpose other than to traumatize victims.

Because each situation is different, no one can issue a guaranteed list of actions that will assure safety. The best advice is to use your own best judgement and consider the following helpful suggestions:

Clearly communicate to the stalker that you want absolutely no contact with them.

Report to your local police department that you are a victim of stalking, whether you plan to file formal charges or not.

Build your case against the stalker by providing the police with any or all of the following:

Documentation (personal journal or diary) of the stalker's activities (documentation of each incident and its details should be made in writing promptly after each incident).

Taped recording(s) of threatening telephone calls.
Videotape or photographs of stalker's actions.
Basic identifying information (i.e., license plate number, make of car, personal appearance).

List of contacts with the stalker (i.e., time, place what was said, letters received).

Tell someone you trust, such as a spouse, family member, close friend, or qualified professional. You need emotional support.

Do not minimize the danger of being stalked too many people have already been killed. Take action and survive.