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Stalking
Article 130, UCMJ.
To be prosecuted and convicted of stalking, the prosecution has to prove beyond reasonable doubt these elements of the crime. Your military defense counsel will be able to explain them in regard to the specific facts of your case.
The crime
- wrongfully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including sexual assault, to himself or herself, to a member of his or her immediate family, or to an intimate partner;
- knows, or should have known, that the specific person will be placed in reasonable fear of death or bodily harm, including sexual assault, to himself or herself, to a member of his or her immediate family, or to his or her intimate partner; and
- the conduct induces reasonable fear in the specific person of death or bodily harm, including sexual assault, to himself or herself, to a member of his or her immediate family, or to his or her intimate partner.
Definitions [1]
- Conduct of any kind, includes use of surveillance, the mails, an interactive computer service, an electronic communication service, or an electronic communication system.
- “Course of conduct” means—
- repeated maintenance of visual or physical proximity to a specific person;
- repeated conveyance of verbal threat, written threats, or threats implied by conduct, or a combination of such threats, directed at or toward a specific person; or
- Conduct composed of repeated acts evidencing a continuity of purpose.
- “Repeated”, with respect to conduct, means two or more occasions of such conduct.
- “Immediate family”, in the case of a specific person, means—
- that person’s spouse, parent, brother or sister, child, or other person to whom he or she stands in loco parentis; or
- any other person living in his or her household and related to him or her by blood or marriage.
- Intimate partner”, in the case of a specific person, means—
- a former spouse of the specific person, a person who shares a child in common with the specific person, or a person who cohabits with or has cohabited as a spouse with the specific person; or
- a person who has been in a social relationship of a romantic or intimate nature with the specific person, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
[1] Note, this definitions also applies in some Domestic Violence allegations.
