Rene Reyes Esq.  

Antistalking statutes, prompted by the brutal murder of actress Rebecca Schaffer in California in 1989, attempt to address some of the limitations found with civil protection orders and related statutes. Many are drafted with an explicit consideration of the behavioral idiosyncrasies that characterize stalking offenses; without a requirement that the stalker has committed a violent act; with less significant mens rea or intentionality provisions; and with increased sanctions. In a majority of jurisdictions, a first-time offender may be indicted on either felony or misdemeanor charges; repeat stalking is most often prosecuted as a felony.

The requirements of state anti-stalking statutes generally require proof of a "course of conduct" and distinct threats by the offender that cause an actual fear of death or injury on the part of the victim. The former requires that the offender must have engaged in a persistent course of purposeful action amounting to a pattern of behavior. This may consist of nonconsensual communication, for example, obsessive surveillance, lying in wait, or physical harassment. A majority of states specify the number of incidents required to constitute a pattern of behavior or course of conduct.

There is no feeling worse than having someone violate your freedom to come and go as you please, because they are making a conscious decision to stalk or harrass you.
When you are constantly in the public eye, you meet all kinds. There are the guys who are overly attracted to females, there's the females who want to hate you for your success, so they set up things against you like harrassing you, stalking you or even blackmailing you to get what they want from you!

BJ and I felt so compelled to bring this to you, so that anyone; male or female alike, can know the warning signs and then can make a conscious effort to protect your life and your family's life. I would first suggest that you listen to the radio show we did here on today, May 23, 2009; because it will help anyone not sure if they should be more concerned with a "potential" stalker is in their circle.

(A quick disclaimer: I am not advocating walking around in fear, but one should walk around in awareness, so that you can be one step ahead of a situation that overnight can get out of control. The biggest mistake we can make is not being rational enough and being proactive in the measures taken to protect our lives. NO ONE SHOULD LOVE YOU MORE THAN YOU SHOULD LOVE YOURSELF. Therefore, do not expect anyone else to protect you without you knowing the specific ways others are protecting you! LIVE IN PRECISE AND EXPLICIT WISDOM WHEN YOUR LIFE/FREEDOM ARE IN QUESTION HERE)

Is he or she a stalker? Here is a check list and if at least three of these things apply,  I would agree you MAY be under the watchful eye and overbearing eye of a stalker:

1) telephoning

2) surveillance

3) always seeking physical touches ( kisses, hugs, or asking or hinting for sex)
4) cyberstalking ( harrassing or unwanted emails, text or instant messages )
5) If they chose to hide behind God but everything else in their life speaks otherwise
6) They think they need to rescue you from "everyone else"
7) false rumors are being spreaded about you
8) threats to harm the alleged victim, someone the victim loves, family or themselves
9) damage to your personal property
10) Sending someone else to feel you out and speak on their behalf ( he's a great guy!)

Stalking Behavior

There are anti-stalking laws in place, both federal and state, designed to protect those being stalked. Under these laws, perpetrators can be charged with stalking for repeatedly:

• Following or appearing within the sight of another.
• Approaching or confronting another individual in a public or private place.
• Appearing at the work place or residence of another.
• Entering or remaining on an individual's property.
• Contacting a person by telephone.
• Sending postal mail or e-mail to another.

Read more: "Stalking Crime Anti-Stalking Laws: Summary of US Anti Stalking Legislation and Harassment Law | Suite101.com" - http://personalitydisorders.suite101.com/article.cfm/stalking_law#ixzz0GN0OsAQa&A

Civil protection orders. The first line of defense for victims is a civil protection or restraining order that has the effect of enjoining the stalking behavior. These orders are designed to restrict an offender from making contact with the victim, or from appearing at a particular place, such as a victim's home or work. Sanctions include contempt of court, fines, and jail time or prison sentences. In a number of states, including California, Colorado, Delaware, Maine, South Carolina, Texas, and West Virginia, anti-stalking legislation has prompted more serious sanctions for violations of protection orders.

Eligibility restrictions for restraining orders in many states, however, severely limit their protective value. For example, some states require a legally recognizable relationship between the victim and offender (e.g., marriage) for a restraining order to be issued. Others will not issue an order unless there is a finding of actual physical abuse (Bradfield). Beyond such restrictions, restraining orders are far less than a guarantee of protection. Commentators note that: (1) approximately four out of every five orders are violated; (2) less than 20 percent of these violations result in an arrest; (3) there is an insufficient law enforcement commitment to protective orders; and (4) taking out a protective order, at best, does little to protect against future victimization and, at worst, may incite a stalker to retaliate against his victim (Walker, 1993; Patton).

Extending the application of related statutes. Until recently, the discretionary use of criminal statutes provided a remedy for the deficiencies of protective orders, as well as for the absence of carefully drafted antistalking laws. Over time, prosecutors have come to rely on various offenses found in most state penal statutes—statutes prohibiting harassment; terrorist threats; threatening or intimidating behavior; and telephone threats or harassment, letter threats, and threats using electronic technologies such as e-mail or facsimile. Critics have called these statutes inadequate given their failure to: (1) account for the repetitive nature of stalking, which is a primary feature of the offense; (2) consider the full range of bizarre behaviors found within stalking activity; and (3) recognize anything less than an explicit threat as a crime. Moreover, most of these statutes have narrowly drawn intentionality requirements that further limit their application to stalking cases. Finally, the sanctions associated with these statutes are often insignificant and, when applied, can have the effect of trivializing the serious crime of stalking (Bradfield).

State anti-stalking statutes. Antistalking statutes, prompted by the brutal murder of actress Rebecca Schaffer in California in 1989, attempt to address some of the limitations found with civil protection orders and related statutes. Many are drafted with an explicit consideration of the behavioral idiosyncrasies that characterize stalking offenses; without a requirement that the stalker has committed a violent act; with less significant mens rea or intentionality provisions; and with increased sanctions. In a majority of jurisdictions, a first-time offender may be indicted on either felony or misdemeanor charges; repeat stalking is most often prosecuted as a felony.

The requirements of state anti-stalking statutes generally require proof of a "course of conduct" and distinct threats by the offender that cause an actual fear of death or injury on the part of the victim. The former requires that the offender must have engaged in a persistent course of purposeful action amounting to a pattern of behavior. This may consist of nonconsensual communication, for example, obsessive surveillance, lying in wait, or physical harassment. A majority of states specify the number of incidents required to constitute a pattern of behavior or course of conduct.

Read more: http://law.jrank.org/pages/2143/Stalking-State-federal-anti-stalking-laws.html#ixzz0GN02fTUp&B


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These are things one must remember:

DO NOT UNDERESTIMATE A STALKER

DO NOT GIVE THE STALKER A CHANCE TO GET YOU ALONE

DO NOT GET BOLD AND TELL THE STALKER OFF WHEN YOU ARE THERE ALONE

DO NOT HESITATE TO REPORT ANYTHING THAT MAKES YOU FEEL UNCOMFORTABLE

DO NOT THINK THAT A RESTRAINING ORDER WILL SAVE YOU! ONCE ONE KNOWS YOU A HAVE A RESTRAINING ORDER AGAINST THEM, THEY WILL FEEL SO REJECTED AND BEGIN TO HATE YOU, WHICH MEANS YOU ARE IN DANGER OF BEING MURDERED OR PERMANENTLY INJURED


My final word is, be wise, be smart and love yourself as much as the rest of do, to take the proper steps to protect the only life you have...

If you want to talk in private, look me up, send me a note and we can talk about it!
Remain Blessed!

BJ and Rene :)